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04
Apr
A man who was “ostracised” from Jehovah’s Witnesses appeared at Harrogate Magistrates Court on Thursday (April 3).
Thomas Smart, of Clarence Street in Paisley, near Glasgow, pleaded guilty to failing to provide a specimen for analysis.
Kaye Barnard, prosecuting, told the court police officers were called to reports of a collision on Knaresborough High Street at 5pm on March 16.
The court heard a car had collided with two parked cars and drove away.
The car had been veering “all over the road” and the driver was “suspected to be under the influence”.
Ms Barnard said police located Smart and established he was the driver.
Officers requested a breath sample, but it was "insufficient", the court heard.
Smart was arrested and taken to Harrogate Police Station, where he initially consented to provide a breath sample, but said he wanted to see a solicitor and a mental health representative.
The police told Smart he could speak to someone after providing the specimen, but he failed to do so.
Brian Nuttney, defending, told the court Smart wanted to “express his remorse” to the court.
The 52-year-old defendant intended to watch a football match and go to the gym that day, but he ended up drinking at the pub whilst watching the football match and “decided to drive”.
Mr Nuttney said Smart “had some difficulties” at the police station and wanted to speak to a solicitor and a mental health professional.
“He was not aware of the law”, Mr Nuttney adds.
The court heard Smart was born into Jehovah’s Witnesses and married a woman who was also part of the religion.
However, when the marriage broke down, Smart was “pushed out” of the religion and was not allowed to contact the people he grew up with.
Mr Nuttney said:
Mr Smart turned to drink but he knew that was not OK, so he went to rehab last year.
At the time of the offence, Mr Smart’s father was poorly. When he was watching the football, he was watching the team he used to watch with his dad, but he has not been in contact with him since the divorce.
Mr Smart’s thoughts were in a dark place.
The court heard the defendant has sought help from his GP and is waiting for an appointment with a psychologist.
Smart was not aware of his rights at the time of the offence, but he has “lots of measures in place to tackle underlying issues”, Mr Nuttney said.
The case was stood down for a pre-sentence report.
A probation officer later told the court Smart had been house-sitting for a friend at the time of the offence.
The defendant told the probation officer he had a number of alcoholic drinks before getting behind the wheel.
The officer added:
The defendant tells me he believes this is a wake-up call and he will learn from this.
He told the court Smart was brought up as a Jehovah's Witness, but he was “ostracised” from the religion after his marriage broke down, and was “cut-off” from the community and his family.
This has led to mental health problems, including anxiety and depression.
He added Smart’s alcohol use has been “problematic” since his marriage broke down.
Magistrates ordered Smart to pay £365 in total. This comprised of a £200 fine, an £80 surcharge and £85 in prosecution costs.
He was also banned from driving for 28 months, which would be reduced by 28 weeks if he completes a drink-driving course.
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