Driver banned after refusing breath test

PUBLISHED: 11:27 29 June 2006 | UPDATED: 11:50 04 May 2010

SUTTON man Kevin Gale has been banned from driving for 18 months and ordered to carry out 100 hours of unpaid community work, after resisting arrest and then refusing to take a breath test. Gale was threatened with CS gas as police struggled to handcuff

SUTTON man Kevin Gale has been banned from driving for 18 months and ordered to carry out 100 hours of unpaid community work, after resisting arrest and then refusing to take a breath test.

Gale was threatened with CS gas as police struggled to handcuff him in the early hours of the morning, and they eventually put him in both handcuffs and leg restraints.

In the struggle, Gale's trousers started to come down and as officers tried to make him decent, he accused them of trying to molest him.

At earlier hearing, 26-year-old Gale, of Darbys Yard, Sutton, had admitted resisting police officers Andrew Day and Anna Day on December 5 last year. He had also admitted refusing to take a breath test at Cambridge police station, and driving a car without insurance and failing to produce an MoT certificate.

Police were patrolling in Saffron Piece in Sutton in the early hours of the morning when they saw Gale behind the wheel of a Renault Laguna, said prosecutor Emma Dmitriev. He was stopped in the High Street, and gave a positive roadside breath test.

Gale refused to be handcuffed and struggled with officers, he was abusive and grabbed the handcuffs.

He shouted and swore and lunged his head forward in a mock head-butt, and then laughed as an officer stepped back.

Mitigating, Jacqui Baldwin said Gale was perfectly compliant with police until officers became "heavy handed" when he failed the roadside breath test.

"He felt aggrieved he was treated in that way, he now accepts his reactions were entirely unjustified," she said.

Gale was ordered to pay £100 costs.

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