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Arrested Lynn driver failed to provide another breath sample




A Lynn driver who failed to provide an evidential breath test after being arrested on suspicion of drink-driving has been banned from the roads for 16 months.

Police had been tipped off by a member of the public about a motorist possibly under the influence of drink or drugs.

Durilovs, 42, of Kirstead, was stopped and provided a positive roadside breath test. It indicated that he was more than twice the limit at 83 microgrammes of alcohol per 100 millilitres of breath; the legal limit being 35.

King's Lynn Magistrates' Court (39098373)
King's Lynn Magistrates' Court (39098373)

However, a roadside test cannot be used in evidence and, following arrest, suspects are required to provide a further sample.

"He was given six attempts by officers," prosecutor Denise Holland told Lynn Magistrates' Court on Thursday.

Durilovs pleaded guilty to failing to provide a specimen for analysis on August 1.

In mitigation, solicitor Charlotte Winchester said: "He simply said that it wasn't a refusal. He tried to give a specimen but he failed to do so."

She added: "He hasn't got a difficulty in terms of a medical condition."

Durilovs' disqualification can be reduced with successful completion of a drink-driver rehabilitation course. He was fined £80 and ordered to pay £105 costs and £34 victim surcharge.



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