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Ban For Woman Caught Using Mobile Phone And Failing To Provide Specimen

Mar 24, 2023

A woman has appeared before Kings Lynn Magistrates after she admitted to police that she had used her mobile phone while driving and then failed to provide an evidential sample when they suspected her of drink driving.

Prosecutor Ruth Becker said that officers pulled the woman over at around 12.15am due to concerns about the manner of her driving, saying she was “swerving around the carriageway and almost clipping the nearside kerb”.

When officers stopped her she immediately admitted to using her phone. She said she had been reading a text message from a friend, and that is why her driving had been poor. A roadside breath test also found her to have 65mcg alcohol per 100ml breath, almost twice the legal drink driving limit of 35mcg.

Following her arrest, however, the woman refused to provide a second specimen for analysis.

The prosecutor added that apart from the second refusal, the defendant had been fully cooperative. She was previously banned from the roads from drink driving in 2015, making this her second offence and liable to an increased mandatory ban.

Mitigating, George Sorrell explained that his client had panicked when she attended the police station following her arrest, adding: “I should tell you that 12 months ago she was involved in a car accident, as a result of which she suffered serious spinal problems, and she is still suffering the after-effects of that.”

For the charge of failing to provide a specimen for analysis, magistrates banned her from driving for 40 months, while for driving while using her mobile phone they endorsed her licence with six penalty points.

She must also pay a £461 fine plus £105 costs and a £184 victim surcharge. Her ban may be reduced by 40 weeks on completion of the drink driving rehabilitation course.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535, or click here to send a confidential message.