Raymond Heaven, a 44-year-old from Nocks Avenue in Erdington, has been banned from the roads and handed a 24-month community order after a crash in which he was found with half a bottle of vodka in his car. Heaven pleaded guilty to failing to provide a specimen for analysis, driving without tax, driving in a position without a full view, and using a vehicle with insufficient tyre tread.
Crash and Refusal to Provide Specimen
The incident occurred on June 16, when Heaven crashed his vehicle. Prosecuting, Miss Ellis told Birmingham Magistrates' Court: "When police approached the defendant, the vehicle didn't have road tax. Police received a call about a low level RTC. They were making enquiries, they came to a stop, officers approached and spoke to both vehicle drivers. The defendant appeared to be intoxicated due to his manners. He was asked for a roadside test but refused, then eventually did comply. He was arrested and taken to the police station. The toxicology procedure was started at the desk due to the defendants manner. He was asked six times if he would provide a specimen, he refused to comply with that procedure."
Miss Ellis said the harm was higher because there had been a collision and half a bottle of vodka was seen in the car.
Court Sentencing
Magistrates imposed a 24-month community order requiring Heaven to carry out 200 hours of unpaid work. He was also banned from driving for 36 months and ordered to pay more than £1,000 in costs. The magistrates told Heaven they had 'taken custody off the table' as he pleaded guilty at the first opportunity and expressed remorse.
Defence and Remorse
Defending, Mr Murria said: "The most serious of the offences is of course failing to provide a specimen when required to do so. From the outset he has taken robust advice and full credit is to be given for pleading guilty. He has clearly gone through a breakdown in his relationship, that doesn't excuse the way in which they are committed. He was in drink. He has moved on from that relationship and seems to be in a much better place."
Heaven was warned that if he drives within the next 36 months, he will be committing another offence which "may be punishable by imprisonment."
