Man who refused to take drink-drive test allowed to keep licence

A Crowland farmer was found by police slumped over the steering wheel of his car with the engine running after a night out drinking.

King’s Lynn Magistrates’ Court heard yesterday (Monday) that Johnathon Edward Cave, who refused to give a breath or blood sample, knew the consequences of drink-driving as he had a conviction in 2000.

Magistrates this week allowed the 40-year-old to keep his licence but endorsed it with ten penalty points after he admitted failing to provide a specimen while being in charge of a vehicle on April 22.

Prosecuting, Josephine Jones said Cave was found in Chapel Street car park in Lynn at 4.40am over the Easter bank holiday weekend.

Mitigating, Tim Bartlam said Cave admitted he’d been “very difficult” with police and wanted to apologise to the court.

“He tells me ‘I had been out drinking, I knew I was drunk’,” said Mr Bartlam, who added that Cave had become separated from friends looking for a taxi.

“He went to the car and started it up to keep warm. There’s no suggestion he was going to drive,” said Mr Bartlam. “It’s 19 years since his previous conviction. He’s moved on, I hope, since then.”

As well as the points punishment, the father-of-three, of Peterborough Road, was fined £440 and told to pay £85 costs and £44 victim surcharge.

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