29 August 2023 , 15:06
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A 65-year old man refused to take a breathalyser test due to his asthma after crashing his car into an A-road's traffic island.
James O'Driscoll fled the scene in April after his Nissan Qashqai ploughed into the island, resulting in it being written off.
O'Driscoll, from Cardiff, was soon found by police, however, before citing his condition as his reason for refusing to co-operate.
Cardiff Magistrates' Court heard he had claimed the accident had been caused by a burst tyre, although there was no evidence to support this.
Prosecuting, Robert Reid added that officers also tried to take a blood sample from O'Driscoll, but again the defendant refused.
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James O'Driscoll claimed his tyre had already burst prior the incident (CPS)A healthcare professional was subsequently called, but he continued to be obstructive, Mr Reid added.
O'Driscoll pleaded guilty to failing to provide a specimen for analysis.
He had 43 previous convictions including drink-driving, three offences of driving whilst disqualified, and two of failing to provide a specimen.
He claimed in court that his 28-year-old daughter had suffered a seizure when he crashed on the A48 en route to helping her.
District Judge Steve Harmes said: "I've seen no evidence of any seizure. That would help me the most."
In response, O'Driscoll's representative said his client's daughter did suffer from epilepsy, though he hadn't been provided with evidence to back this up.
He added that he 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, again, O'Driscoll had no documentation to support this.
Judge Harmes said: "If he goes into prison he won't have the operation, so I'll adjourn until afterwards.
And addressing O'Driscoll directly, 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."
"Thank you, your honour," said O'Driscoll, whose interim driving ban continues ahead of his return to court on October 17.
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