One of the drivers involved in this crash near Derby was overheard by a paramedic admitting he’d drank six pints of beer. But when asked at both the roadside and at hospital, Stewart Dean refused to give a sample of either breath or blood.
And at the time of the incident the 31-year-old was the subject of a suspended sentence for possessing a stun gun and cannabis.
Handing him a four-month jail term, suspended for two years, Recorder Simon King said: “You are before the court because it appears you drove a car while over the limit. I don’t know that for sure because no test was taken and no test was taken because you refused.
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“The reason for that was because you knew you would be over the limit. What is absolutely apparent from the photos of the crash scene is that it is a matter of pure luck that no one else was injured badly or even killed.”
Laura Pitman, prosecuting at Derby Crown Court, said the crash occurred on the A516 Derby Road, between Hilton and Etwall, on April 18, last year.
She said when the emergency services arrived the defendant was sitting on a grass verge bleeding from a wound to his head.
The prosecutor said: “He was slurring his words when officers spoke to him, he was clearly under the influence of drink. They asked him to participate in a roadside breath test and he refused.
“He was arrested and taken by ambulance to the Royal Derby Hospital and as he was going to the hospital a paramedic overheard him (the defendant) say he had consumed ‘around about six pints’. At the hospital a police officer asked him to provide a sample of blood and again he refused.”
Dean, of Witham Close, Hilton, pleaded guilty to refusing to provide a sample for analysis and admitted that the offence put him in breach of a suspended sentence order.
Miss Pitman said that was imposed by the same court in September 2020 for supplying cannabis, possessing cannabis and possession of the stun gun. She said it was for 12 months, suspended for a year, and that the offences dated back to March 2019.
Rajinder Gill, mitigating, said Dean works on a production line and lives at home with his father. The defendant’s sister was in court to support him.
As part of the suspended sentence order, Recorder King disqualified Dean from driving for 30 months.
He also ordered him to carry out 150 hours of unpaid work, attend 15 rehabilitation sessions and comply with a 60-day alcohol abstinence requirement. The defendant was also ordered to pay £340 costs and a £160 fine.
Recorder King said: “You are getting a chance, some might say you have had one and you don’t deserve a second. There won’t be a third chance.”