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'You might as well arrest me now', King's Lynn man who refused to give breath sample told police




A man in the driver’s seat of a stationary car told police they should arrest him after he admitted he’d been drinking.

Officers had spotted a Peugeot 3008 parked in Columbia Way, North Lynn, at 1.30am with Daniel Massen the only occupant.

On speaking to him, they could smell alcohol and noted his eyes were glazed and his speech was slurred, Lynn Magistrates’ Court was told on Thursday.

King's Lynn Magistrates' Court (45779872)
King's Lynn Magistrates' Court (45779872)

“You might as well arrest me now,” Massen told police.

When asked why, he replied: “Because I’ve been drinking. I’m not going to give you a specimen of breath – you’ll have to arrest me.”

The 35-year-old, who had previous convictions for drug-driving and drink-driving, was duly arrested and again refused to give samples in custody.

Massen, of Fenland Road, Gaywood, pleaded guilty to failing to provide a specimen as a person in charge of a vehicle and having no insurance.

Prosecutor Bethany Richards said: “Unfortunately police couldn’t provide any evidence that he had driven which is why the charge is ‘in charge of a vehicle’.”

Solicitor Andrew Cogan, mitigating, said: “There was not a high level of impairment given that he is entirely coherent when spoken to by the officers.”

Mr Cogan said a driving ban would lead to Massen immediately losing his job with a security firm.

For failing to provide, the defendant was given ten penalty points and fined £275.

He was fined a further £275 for the insurance matter and ordered to pay £105 costs plus a £55 victim surcharge.



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