‘Swerving’ M5 driver to be sentenced for failing to give breath sample

A van driver who refused to give a breath sample after he was reported for swerving across the M5 will be sentenced next month.

Stuart Kent, 45, from Benfieldside, Durham, appeared at Taunton Magistrates’ Court charged with driving a vehicle without due care and attention, for failing to cooperate with a preliminary test and for failing to provide a specimen for analysis on Monday 15 December.

He pleaded guilty to the offences and has been given an interim disqualification from driving before he is due to be sentenced at Newcastle Magistrates’ Court on Tuesday 27 January.

The charges relate to an incident involving a suspected drink driver who was travelling southbound on the M5 from Avonmouth at around 8.55pm on Sunday 30 November.

The vehicle, a Vauxhall Vivaro panel van, was described to be swerving and unable to be driven in a straight line, at times travelling close to other vehicles and narrowly avoiding several collisions.

Officers who arrived at the scene described the vehicle as “swerving between lanes” and were concerned the driver was under the influence of alcohol.

Pre-emptive tactics and a stinger device were then used to stop the vehicle in the interests of public safety near Taunton Deane Motorway Services.

The driver smelled strongly of alcohol and refused to provide a roadside breath sample while in the back of a patrol car, and he was subsequently arrested. He was then taken to Bridgwater custody unit where he refused to provide a further sample of breath for analysis without providing a medical reason.

PC Nick Steele, a member of the roads policing unit, said: “If you drink or drug drive and you are involved in a collision, you are much more likely to lose your life or kill somebody else, and I think that message really does need to sink home with some people.

“Most people need a car to get to work and a driving licence to do their jobs, and if you lose that licence it will mean having a very uncomfortable conversation with a supervisor or a manager because you cannot fulfil that role.

“If you fail to provide a sample, you will be charged with that offence which can be as serious as drink driving itself.”

We have arrested a total of 181 people on suspicion of drink or drug driving since we launched our annual month-long Christmas roads policing operation on Monday 1 December – which is up on the 148 arrests made in the same period last year.

Avon and Somerset’s roads policing team will be carrying out proactive roadside checks and talking to motorists about the dangers of drink and drug driving, which has been the core factor in 25 per cent of all fatal collisions so far this year.

We are urging people who live in Avon and Somerset’s villages, towns, and cities to report those they suspect are getting behind the wheel while intoxicated or under the influence of drugs.

How to keep your friends safe on a night out

• If you have friends who are going out drinking, why not offer them a place to stay?
• If you go out with the same group regularly, take turns to be the dedicated driver.
• If you don’t have a dedicated driver, plan your journey home in advance by booking a taxi or public transport, and stay updated with changes to routes and times.
• Make sure your mobile phone is fully charged before you go out in case you need to contact somebody in an emergency.
• Replace an alcoholic drink with an alcohol free one – there is more choice than ever.
• Remember, you could still be over the drink and drug drive limit the next morning.
• Do not be tempted to get in a car with a drink driver.
• Feel empowered to tell somebody it is not OK to drink drive if they plan on doing so.

How to report a suspected drink driver

• If you believe someone is currently driving under the influence of drink or drugs, call 999.
• To anonymously report a suspected drink or drugs driver, fill in our online form or visit a police station in person. Alternatively, simply use your camera phone to scan the QR code (above), which will take you to a dedicated section of our website
• For more information, visiting the report drink driving section of our website here.

You can contact the independent charity Crimestoppers 100 per cent anonymously on 0800 555 111 or via their Anonymous Online Form.

No personal details are taken, information cannot be traced or recorded, and you will not go to court nor must speak to police when contacting Crimestoppers.