A MOLD man has been banned from driving after failing to give a sample of breath and assaulting a police officer.

Steven Warburton, of Lon Yr Orsaf, appeared for sentence at Mold Magistrates Court on Thursday.

The 39-year-old had been convicted in his absence of failing to provide a specimen, using a motor vehicle without insurance and assaulting an emergency worker.

Rhian Jackson, prosecuting, told the court that on January 24, a police officer was travelling on the A541 Wrexham Road in the direction from Wrexham.

A short distance from Pontblyddyn, a VW Passat pulled out into the road and overtook two other cars in a 20mph zone. 

It was travelling at around 40mph whilst overtaking, the court heard.

The vehicle stopped in Pontblyddyn and officers spoke with the driver, Warburton.

They believed immediately that he was under the influence of something as his pupils were large and his behaviour was erratic.

Warburton claimed he was the registered keeper of the vehicle, but he was not insured on it - a female was named on the policy.


When he was told this, he claimed he was able to drive other vehicles on another insurance policy he was on, claiming there had been "a mistake."

But checks revealed he had no insurance.

Warburton provided a negative drugs swipe, but officers could smell alcohol on him.

The breath test procedure was explained to him numerous times but he failed to provide a sample - either by not blowing or by blowing out of the side of his mouth.

When he was arrested, Warburton became "volatile" and resistant, and as his keys fell from his pocket and an officer picked them up, he kicked one of the officers to his left knee.

Ms Jackson said throughout the whole interaction with police, the defendant appeared to act agitated and aggressive in an attempt to hide the fact he was under the influence of intoxicants.

The defendant claimed to have been injured in the arrest - the injury being described as "gravel rash" on his cheek from when he was restrained on the floor.

Alex MacKenzie, defending, made brief submissions to the court.

She said: "I have seen photos of the injury he sustained.

"In fairness, it seems considerably more than a small cut to the face, but that's a separate matter.

The Leader:

"He's not working at the moment and is likely to be on Universal Credit in the near future."

District Judge Gwyn Jones handed down a 26 week custodial sentence but suspended it for 12 months.

The defendant must undertake 20 days of rehabilitation activity and pay £200 compensation, as well as £400 costs.

He was banned from driving for 30 months.