Court told of the two bad decisions' by a motorist

PUBLISHED: 15:02 13 April 2006 | UPDATED: 13:23 04 May 2010

RICHARD Huggins might have escaped a drink-driving conviction if he had accepted the offer of a second alcohol test, Ely magistrates were told on Thursday. His two breath test results showed he was marginally over the limit and his alcohol level was reduc

RICHARD Huggins might have escaped a drink-driving conviction if he had accepted the offer of a second alcohol test, Ely magistrates were told on Thursday.

His two breath test results showed he was marginally over the limit and his alcohol level was reducing - and if he had opted for a blood or urine test they might have been under the limit.

"He made two bad decisions that day - to drive after consuming alcohol and then decline to give a specimen of urine or blood," solicitor Kevin Warboys told Ely magistrates on Thursday.

"You can see that his reading at 3.23pm was 47 mcgs, the limit is 35 mcgs. You know it would not need very much longer to be below the legal level. It was his domestic circumstances that led him not to give another specimen, he was due to meet his children at 4pm."

Huggins, 31, of Main Street, Little Downham, has two previous convictions for drink-driving, in 1995 and 1999, so faces the certainty of a three-year driving ban. That will lead to the loss of his job as a driver with a removals company, said Mr Warboys.

Police stopped Huggins in Nutholt Lane, Ely, on March 24, as they carried out a check on vehicle tax discs, said Angela Sassoli, prosecuting. He smelled of alcohol and gave a positive breath test before being arrested.

Magistrates gave Huggins an interim driving ban.

They are considering giving him a community penalty with a drink rehabilitation requirement, so adjourned sentencing until May 9 for a report to be prepared by the probation service.

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