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Walpole Highway man Aaron Theobald refused to do breath test while in custody in King’s Lynn

A 49-year-old refused to take a breath test in police custody after drinking and driving to buy fish and chips.

Aaron Theobald, of Cranny Field Chase in Walpole Highway, appeared at Lynn Magistrates’ Court on Thursday, where he admitted failing to provide a specimen for analysis.

Prosecutor Sally Harris said that on August 24 at around 7pm, police stopped Theobald’s BMW on Lynn Road in West Walton.

The incident happened on Lynn Road in West Walton. Picture: Google Maps
The incident happened on Lynn Road in West Walton. Picture: Google Maps

When asked, Theobald confirmed that he had drank beer before driving – and there was an open can of lager on the back seat at the time.

Officers noted that Theobald’s eyes were glazed and that he smelled of alcohol.

A roadside breath test was carried out at the scene, and Theobald returned a reading of 72mcg of alcohol per 100ml of breath. The legal limit to drive is 35mcg.

However, when arrested and taken into Lynn’s police investigation centre for further tests, he refused to provide further samples.

He said no to doing the test several times, and was asked by officers if he had any medical condition meaning he could not provide a test.

Theobald replied by saying that he was feeling stressed and anxious – and that the only thing that would calm him down would be having a cigarette.

In mitigation, Charlotte Winchester reiterated that Theobald was feeling nervous while in police custody.

The solicitor said: “He had been at work and had a busy day. He had two to three cans of lager and didn’t have any opportunity to have any food.

“He didn’t have anything in the house, so went to get some fish and chips from the next village.

“When he arrived at the police investigation centre, he was frightened.

“If he had just been given a chance to get his head around what was happening, things would have been better.”

Magistrates, led by Ginny Hutton, disqualified Theobald from driving for 17 months and ordered that he complete 100 hours of unpaid work.

He was also ordered to pay a fine of £114 and court costs of £105.

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