A MAN found by police asleep in a car after an argument with his partner went on to deliberately refuse to take part in a drink-drive test, a court heard.
Wayne Given, of Peewit Road, Evesham, told police "I'm not doing it because I know I will be over", Worcester Magistrates Court heard.
Melanie Winterflood, prosecuting, said police came across a car with the engine running parked in a layby in Cheltenham Road, Evesham, at 2am in the morning on March 6.
"He was asleep in the car," the prosecutor said.
"There was a can of lager in the front driver's side cup holder.
"He disclosed he had been drinking."
Miss Winterflood said Given's eyes were glazed and his speech slightly slurred given police reason to be suspicious he had been drink driving.
The prosecutor said Given, at the roadside, refused to take the test and he refused again later at the police station when evidential samples are usually taken.
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"He was not argumentative, he was friendly," Miss Winterflood said.
"It was just a flat refusal to provide."
The 44-year-old admitted an offence of failing to provide a specimen for analysis.
Omer Hussain, representing Given, explained his refusal had been due to the defendant misunderstanding the law.
Mr Hussain said Given made the sensible decision to leave his home after an argument with a partner, and was asleep in the passenger's side when police found him.
"The engine was running because he was keeping the car warm," the solicitor said.
"He said he hadn't been driving (to police)."
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Mr Hussain said Given had not grasped that police only needed the suspicion to ask for him to take the test, and the defendant's response had been "illogical" and not correct by the law.
"He wasn't trying to subvert the process," Mr Hussain added.
Given was disqualified from driving for 12 months.
He was fined £369 and ordered to pay costs of £135 and victim surcharge of £148.
Given was told to pay the total, £652, at a rate of £60 per month.
The case was heard at the court on Tuesday, (March 21).
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