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Home » Man Refuses Breathalyser Test After Crashing Car ‘because He Has Asthma’

Man Refuses Breathalyser Test After Crashing Car ‘because He Has Asthma’

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Express. Home of the Daily and Sunday Express. HOME News Royal Showbiz & TV Sport Comment Finance Travel Entertainment Life & Style UK Politics Royal US World Science Weather Weird History Nature Sunday InYourArea James O’Driscoll was caught by police after he ploughed his Nissan Qashqai into a traffic island. 10:10, Tue, Aug 29, 2023 | UPDATED: 10:16, Tue, Aug 29, 2023

James O’Driscoll leaves court (Image: Conor Gogarty)

A man who crashed into a traffic island causing it to be written off told police he could not be breathalysed due to having asthma, a court heard.

James O’Driscoll was caught by police after crashing his Nissa Quashqai into a traffic island near Cardiff Metropolitan University.

The incident took place on the A48 Western Avenue at 12.50am on April 22. As a result, the car was a write off.

Prosecutor Robert Reid said O’Driscoll “made off” before officers found him nearby with the keys to the car.

O’Driscoll had claimed a tyre had burst but Mr Reid told the court there was no evidence of this before the crash, reports WalesOnline.

The officers then tried to take some blood and the defendant again refused. A healthcare professional was called but O’Driscoll continued to be obstructive, Mr Reid added.

O’Driscoll, of Clarence Road in Butetown, pleaded guilty to failing to provide a specimen for analysis. He had 43 previous convictions including drink-driving, three offences of driving while disqualified, and two of failing to provide a specimen.

The defendant claimed his 28-year-old daughter had suffered a seizure and he was driving to help her when he crashed on the A48.

District Judge Steve Harmes said: “I’ve seen no evidence of any seizure. That would help me the most.” O’Driscoll’s representative replied that he had not been provided evidence of a seizure, although he had been instructed that his client’s daughter is epileptic.

The solicitor added that O’Driscoll is due to undergo a procedure on August 29 for the removal of a lump at the back of his head, which “bleeds profusely very regularly”, although the defendant had failed to provide evidence of the appointment.

Judge Harmes said: “If he goes into prison he won’t have the operation, so I’ll adjourn until afterwards.”

Turning to the defendant he added: “No matter what I think of what you’ve done, I won’t risk your health by putting you in prison. What I do ask for is some evidence of the operation.”

O’Driscoll replied: “Thank you, your honour.” His interim driving ban will continue ahead of his next court date on October 17.

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