Van driver who refused breath test gets three-year ban

Monday 15 January 2024

A 26-year-old van driver who would not give a sample of breath when asked – apparently because a leg injury had "clouded" his judgement – has been banned from getting behind the wheel for three years.

Thomas George Thorpe sentenced to 120 hours of community service, and put on probation for six months.

St Helier Centenier Jane Pearce said police had gone to Thorpe’s home in the early hours of the morning on 20 October after reported concerns about his driving on Union Street. The van was parked outside and the bonnet and tyres were still warm, showing that it had recently been used.

But at police headquarters he refused to breathe into the breathalyser machine.

Pictured: Concerns had been raised to police about Thorpe's driving on Union Street.

Advocate James Bell, defending, said Thorpe’s “judgement was clouded” at the time because of a leg injury he had recently suffered.

“He is remorseful, he regrets some of his interaction with the police, he added.

He noted that Thorpe was "willing and able to do community service”.

Assistant Magistrate Adam Clarke said Thorpe merited a stiff sentence because he had a previous conviction for a similar offence, and told him: “This was an unnecessary offence that has placed you in difficulty.”

He will have to retake his driving test after the three years have elapsed before being allowed on the road again.