Scarborough driver refused breath test due to accuracy concerns

Ben Courtney, 39, of Garfield Road, appeared at Scarborough Magistrates' Court on Monday.
Ben Courtney, 39, of Garfield Road, appeared at Scarborough Magistrates' Court on Monday.

A forensic equipment assessor refused to participate in a police breath test due to his concerns over the accuracy of its results.

Ben Courtney, 39, of Garfield Road, answered his girlfriend’s call in the early hours of August 16 to pick her up from Opera House Casino.

Courtney went in looking for her and ended up drinking two shots of Vodka before getting back behind the wheel.

Officers were driving at 30mph along Castle Road and clocked Courtney pulling away from them at speed at around 3.50am.

They pulled him over and he refused to complete a breath test.

Katy Varlow, prosecuting, told Scarborough Magistrates’ Court on Monday that Courtney was taken to the police station and after a second refusal, arrested him for failing to provide specimen for analysis.

Robert Vining, defending, said: “It is very ironic but tragic. He knows the accuracy of all equipment in a forensic laboratory. He assesses people who use the equipment. He is aware of the equipment’s inaccuracies and flaws.

"He is upset and accepts nothing can be done now."

Courtney was disqualified from driving for 20 months, had a 12-month community order imposed and was ordered to pay £85 costs and an £85 surcharge.