The Magistrate’s Court was told how police officers had stopped Sergiu Turcan, 31, at Les Banques just after 11pm due to the standard of his driving. His breath smelled of alcohol and following his refusal to provide a sample he was arrested.
At the Police Station he complained of abdominal pain and due to concerns he might not be able to provide an evidential sample, he was transferred to hospital, where he did not let a blood one be taken. He said he had a fear of needles.
The court was told how Turcan was a disqualified driver in the UK where he had two previous convictions for like offences.
Defending, Advocate Samuel Steel said his client accepted that he should never have driven and should have a provided a sample. These matters had brought his previous offending to light and he was unable to stay in Guernsey as the convictions were not yet spent.
He asked the court to impose a suspended sentence so Turcan, who had already spent 17 days in custody, could leave straight away. Counsel said there had been no accident, no collision, no injuries, and no damage to property.
Turcan admitted failing to provide a blood sample, and using a motor vehicle without insurance or a driving licence.
Deputy Judge Russell Finch said these were serious offences and the defendant had a bad record in the UK.
‘I take the view that it’s best for the island and you to go because you can’t work here and you’ve already served a custodial sentence,’ he said.
For failing to provide a breath sample, Turcan was made subject to a prison sentence of 21 days suspended for two years, and banned from driving for four years. Seven days consecutive suspended for the same period was meted for not having insurance, with a driving ban of 18 months concurrent. There was no separate penalty for driving without a licence.