Man pleads guilty to fourth drink driving charge

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A man has admitted failing to give a specimen to police after they suspected he had been drink driving.

Alan Hayter, 46, of Saunders Avenue, Prescot, has three previous convictions for drink driving related offences in the last 24 years, Wigan and Leigh Magistrates Court.

Officers pulled Hayter over on Robin Park Road in Wigan on November 1 the early hours of the morning and smelt alcohol on his breath.

Another officer attended and breathalysed Hayter, who gave a reading of 79 microgrammes. The legal limit is 35.

He was arrested and taken to the police station where officers asked him to give another breath test as roadside tests can not be used to prosecute drink driving,

But Wigan and Leigh Magistrates heard that Hayter refused to do another breath test on two occasions, saying he had drank alcohol from his car after being stopped.

But Sarah Perkins, prosecuting, said: “The officer said he had seen Hayter try to drink something in the car and had told him not too. Hayter lied to the officers.

“Hayter has previous convictions for drink driving in 1991, 1997, 2009 and now 2015.”

But Richard Hughes, defending, argued that Hayter had only been trying to clear up the matter.

He said: “He had fully cooperated with officers up until this point. He felt the liquid he had drunk in the car could affect the alcohol level he would be prosecuted on.

“After failing to take the test twice he found himself charged with failing to produce a specimen, after which an officer told him he would have been better off doing the test and clearing up the matter later.

“After hearing this he asked to do the test but was told it was too late.”

But the magistrates took a dim view of Hayter’s past convictions, telling him: “We take an extremely serious view of someone with alcohol record like yours.”

Hayter will be sentenced on December 10.