Breathless Heacham chef loses driving licence after failing to provide specimen

A chef who failed to provide a breath test – despite five attempts – has lost his licence.

Dirk Phillips, who works as a chef on the West Norfolk coast, pleaded guilty to failing to provide a specimen in Hunstanton on June 1.

Nicola Lamb, prosecuting, outlined the case against Phillips, 62, of Fengate, Heacham, and said police had pulled him over because of his manner of driving as he was struggling to keep his car in the carriageway’s white lines.

He told officers he had had three drinks and was asked to provide a breath test. He provided one at the roadside and another at police investigation centre.

However, despite making five attempts to provide a further specimen he could not do it.

Defending him, Ruth Johnson explained the failure had not been deliberate but just a physical inability to do it.

She said Phillips had told officers he had had two drinks, not three.

Ms Johnson said: “The failure to give the sample was not a deliberate refusal, quite the opposite, he was simply unable to. He has recently given up smoking and he suffers from breathlessness.

“The first test showed a reading of 43mg of alcohol in 100ml of breath, the legal limit is 35mg, which was in line with the roadside test and gives a flavour of where he was, and the level of impairment.”

Phillips was fined £550 with £85 costs and £220 victim surcharge. He was banned from driving for 12 months, but can reduce that by 13 weeks on completion of a drink drive rehabilitation course.