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Wales Online
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Conor Gogarty

Man who downed lager before driving thinks 'spiteful' neighbour told police

A man who drove after drinking four cans of lager believes a "spiteful" neighbour reported him, a court heard.

Mark Hall, from St Mellons in Cardiff, claimed his tyres had been slashed outside his home on Heritage Park so he decided to move his car to a safer place – even though he had been drinking.

The 58-year-old attended Cardiff Magistrates' Court on Tuesday and admitted refusing to provide a breath sample to police.

Read next: Teenager 'can't remember' swearing at Wetherspoon bouncers after three pints

Dave Thomas, mitigating, said his client believes someone reported him out of "spitefulness" because he had only moved the car a short distance in a cul-de-sac before being stopped by police.

Mr Thomas told the court that Hall "tried on several occasions" to give a breath sample during the incident on January 14 but "for some reason was unable".

Prosecutor Mike Curry said Hall appeared to be intoxicated but was not "blowing sufficiently" into the breathalyser to give a reading so police arrested the defendant and took him to Cardiff Bay police station.

"At the station, quite frankly, it was a point-blank refusal," Mr Curry added. "When asked directly if he would provide a sample of breath for analysis he simply said: 'No'."

Mr Thomas said police put "tight" handcuffs on his client and were "aggressive" and "not very pleasant" to him as they took him to the station.

"As a result of that when he arrived at the station he dug his heels in," the lawyer added. "He felt he was very badly treated. He is not a particularly young man and he felt treated roughly and unnecessarily by the police.

Mark Hall was banned from driving (Conor Gogarty)

"He says they took his clothes off and put him in a paper suit, which seems unusual. There is nothing in the police report that suggests he was badly behaved at the station. In light of that he felt frustrated and didn't provide a breath sample."

Hall's probation officer said the defendant had "felt sober" after drinking four cans of lager on the evening he was arrested.

"He lives with a friend in a rented home in St Mellons," the probation officer added. "He is a full-time carer for his father in Barry. He is likely to have to move to Barry because of the inevitable driving ban."

Hall, who is unemployed, gets £160 in universal credit and a £268 carer's allowance each month. He told the probation officer he only drinks every couple of weeks and he takes medication for depression. He was last before a court in the 1980s.

Presiding Justice Nick Rees said: "This is far more serious than if you'd been breathalysed and failed it so to that end the sentencing is greater."

Mr Rees imposed a 17-month driving ban, a nine-month community order with 10 days of rehabilitation activity, a £40 fine, £95 victim services surcharge, and £85 in prosecution costs.

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