Great Britain

Woman failed to give breathalyser sample because she was incapable

A WOMAN failed to provide a breathalyser sample because she was incapable, not unwilling.

Blackburn magistrates heard Zaneta Szrytar gave a roadside reading that was four-and-a-half times the legal limit. At the police station she had to be put in a wheelchair and soiled herself because of her level of drunkenness.

Szrytar, 35, of the Salvation Army Hostel, Heaton Street, Blackburn, pleaded guilty to failing to provide a specimen for analysis.

She was made subject to a community order for 18 months with 20 days rehabilitation activity requirement and a condition she completes the drink-impaired driver programme.

She was fined £50 with £85 costs and £90 victim surcharge and banned from driving for 18 months.

Carl Gaffney, prosecuting, said the roadside reading of 150, against the legal limit of 35, mirrored the physical evidence of intoxification. “When she was at the police station she was so incapacitated she could not provide a sample,” said Mr Gaffney.

Gareth Price, defending, said it was not a deliberate refusal. “She was simply incapable of participating in the process,” said Mr Price.

He said his client was going through a difficult relationship breakdown and as a consequence turned to alcohol.

“At one stage she ended up living in her car because she was homeless,” said Mr Price. “She is now back at work and her employers are incredibly supportive of her.”

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