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Driver told of alcohol test but still had a whisky

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Friday, March 22, 2013
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Somerset Guardian

A drink-driving estate agent who was spotted by police veering across the road in his car downed a glass of whisky despite being told he would have to take a breathalyser test.

Michael Gould, 76, claimed he had not heard a police officer tell him he would be required to take a roadside test when he was followed to his home in Midsomer Norton.

Mr Gould, of The Dymboro, had been tailed along Frome Road in Radstock and Radstock Road in Midsomer Norton by PC Jonathan Raisey on September 1.

Bath Magistrates Court last week heard the officer had noticed Gould's Nissan Almera 'veering across the white line five times'.

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When they arrived at his home, the officer told Mr Gould he did not have a roadside testing kit but that another officer would bring one.

Mr Gould asked if he could go inside and feed his cats and while there, he drank a glass of whisky claiming hearing problems meant he had not heard the police say he was expected to take the test.

The glass was seized by police who from blood tests proved he had 107mg of alcohol in his blood. The alcohol limit for drivers is 80mg of alcohol per 100ml of blood.

The test was subjected to back calculations which proved he was still over the limit.

Mr Gould initially denied the charge but changed his plea at the last minute, admitting he had earlier drunk two pints of ale in a pub and a small glass of lager at a wedding reception.

Celia Strathdee, defending, said a driving ban would affect her client's work life.

She said because of his vast experience in valuing houses – 'especially top end properties' – he would have to pay someone to drive him to house viewings.

Mr Gould was banned from driving for 12 months and fined a total of £1,115, including £300 for obstructing a police officer in his duty.

He declined to comment.

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