A supermarket delivery driver refused to provide a breath sample after being pulled over while at work.
Asda worker, Marc Fenwick, had been watching the Anthony Joshua boxing fight with friends on August 20 and admitted to drinking "more than he should have". The following day, the 37-year-old went to work but was reported to police as a suspected suspected drink driver as he travelled through the Longbenton area, a court heard.
Officers located Fenwick in his Asda delivery van and noted it appeared to be swerving in the road, prosecutors said. Fenwick was pulled over and arrested after he failed a roadside breath test, giving a reading of 80mcg of alcohol in 100ml of breath, when the legal limit is 35mcg.
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However, while at the station, Fenwick turned aggressive and argumentative with police and refused to provide a further breath sample, which is required by law in order to prosecute and take a case to court. North Tyneside Magistrates' Court was told that Fenwick continued to behave erratically and, when asked by a constable if he'd consumed of inhaled anything prior to arrest, he responded by saying "Yes, your bull***t".
Now, Fenwick of Cherrywood, in Walkerville, has been banned from the roads for 17 months after he pleaded guilty to failing to provide a specimen of breath. He was also fined £200 and ordered to pay £85 costs and an £80 victim surcharge.
Prosecutor Bushra Begum said police received a call about a possible drink driver in Longbenton on August 21 and officers were sent to the scene. Ms Bushra continued: "An Asda delivery van was travelling towards them. As a result, officers decided to start following the vehicle and noted it appeared to be swerving in the road.
"Officers caused the vehicle to stop and went to the driver's side of the van and spoke to the defendant. The defendant indicated there was nothing wrong and denied having had anything to drink."
The court heard that Fenwick was arrested after failing a roadside breath test. Ms Begum added: "At Middle Engine Lane Police Station, the defendant refuses to provide a breath sample. The defendant when arriving in the custody suite, after initially refusing to come out of the van at all and having to be taken into the custody suite by officers, became argumentative and aggressive.
"He's taken to a room to undergo the mechanical procedure [breath test] and he was being erratic and refusing to answer questions. He repeatedly said 'get me the nurse.' He's asked to provide a breath specimen and refuses, asking them to get him the nurse."
Magistrates were told that Fenwick, who has past convictions but nothing since the late 90s, later claimed he was having a panic attack at the time as he "hadn't been in a police station for a very long time and could see his employment disappearing in front of his eyes".
Mark Harrison, defending, said Fenwick no longer worked as a delivery driver, adding: "He had been up watching the Anthony Joshua fight the night before and he and his friends had consumed more alcohol then they should have done. He was delivering food as part of his employment with Asda and the last address he delivered to was a police officer's. He believes it was that police officer who reported him."
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