Thurso suspect banned despite claim that drink-drive tests ‘would have been negative’

A suspected drink-driver who refused breath tests claimed they would have proved negative in any case.

Liam Henderson maintained in court at Wick that he had no alcohol in his system at the time but his refusal to comply with legal requirements landed him with hundreds of pounds in fines and a substantial driving ban.

The 37-year-old appeared from custody on Thursday and admitted refusing to provide the necessary samples.

The first refusal occurred after police had reason to pull Henderson over in Oldfield Terrace, Thurso, on August 7.

Fiscal depute Grant McLennan said that officers formed the impression that Henderson’s speech was slurred.

After refusing to provide a roadside breath test he was taken to Thurso Police Station, where he refused to provide two further tests saying he was “within his human rights” to do so.

Neil McRobert told the court that Henderson, of Macpherson Walk, Thurso, had not had a drink for the past five months and added: “Had he co-operated with the police he would have passed both tests and would not have been sitting here today.”

The solicitor added that Henderson was “aggrieved” at being asked to take the tests as he felt he had done nothing wrong.

Sheriff Neil Wilson, who noted that the accused had a previous offending record for drink-driving and driving while disqualified, fined him a total of £600 and banned him for 16 months.

The sheriff warned him: “What is saving you today is that your previous convictions are quite old but come here again and I will consider sending you to prison.”

An application by Mr McLennan for forfeiture of the accused’s car, a Vauxhall Corsa, was rejected by the sheriff on the basis that to do so would make the punishment disproportionate.