View Full Version : Failed test claim

07-Mar-16, 09:14
Accused wasn't trying hard enough says police officer

WICK Sheriff Court heard that a drinks-driving suspect provided a roadside breath test but failed to give two specimens at a follow-up procedure at the local police station.
Police officer Kevin Macdonald claimed that Leslie Robertson, 51, wasn't trying, when he blew into the intoximeter- it gauges the level of alcohol in the breath - and following unsuccessful attempts, was charged with failing to provide two specimens for analysis. He pleaded not guilty.
The court was told that patrolling Constables Macdonald and Jamie Farquhar located Robertson's Range Rover following an anonymous tip-off , on October 18, last year, and saw it pull onto a verge near the accused's home in Dwarick Place, Dunnet.
Constable Macdonald said that Robertson was in the driver's seat and his reactions were "quite slow" when he opened the door.
The police officer added: "His eyes were glazed and his speech was slurred. He told us he had been drinking and had his last drink a couple of minutes before he was stopped. He complied with a request to take a breath test which he failed and he was informed he was being arrested."
Constable Macdonald said that Robertson provided one sample of breath at Wick Police Station but the second sample was insufficient to give a true reading. The process was repeated, but Robertson again failed to provide adequate samples
PC Macdonald continued: "He blew, stopping and starting as if the tube was blocked. I then charged him with failing to provide two samples without a reasonable excuse. He replied: 'You boys will be thinking that I am being smart but I'm not'."
The officer said he entered on the appropriate form- "Subject not trying" and added that the accused did not provide a reasonable excuse.
Cross-examined about the performance of the intoximeter, Constable Macdonald was asked what he would look for, if it 'misbehaved' and replied: "The machine carries out internal calibration checks".
The trial will conclude on April 13.