A BANNED driver who crashed his motorbike while driving through Donyatt has been given a three year disqualification after he refused to take a police breath test.

Martyn Cannon was discovered by a passing police officer in the early hours of the morning sitting by the side of the road and appeared to be drunk.

When the police were called he was arrested and when searched was found in possession of an amount of cannabis.

He was asked to take a breath test at the police station but deliberately refused to blow properly into the machine, Somerset Magistrates were told.

The 29-year-old defendant, of Langham, Chard, pleaded guilty to driving a vehicle on the A358 at Donyatt on November 16 while disqualified.

He also admitted that when suspected of having driven a vehicle after consuming excess alcohol, he failed to provide a specimen of breath for analysis.

He further admitted driving without insurance and being in possession of a quantity of cannabis (class B).

Prosecutor Ben Winzer said that Cannon had been banned from driving for 12 months until June this year and was then involved in a road traffic accident on the A358 in November.

A police officer was driving his patrol vehicle and came across the defendant sat on the side of the road with the motorcycle on the verge.

“He was asked by the officer if anyone else had been on the bike and he said he had just come off it himself and was clearly intoxicated and slurring his words,” he said.

“He then said ‘They were racing me and I fell off my bike’ so he was arrested and taken to the police station where he was found in possession of a small amount of cannabis.

“A station breath test was conducted but Cannon failed to provide a specimen and it was considered to be a deliberate refusal where the defendant had no intention of providing a sample as he did not make a proper effort.”

When he was interviewed by the police he made no comment and claimed he had not been driving the bike despite the admissions he made at the scene.

The court was also told that Cannon had a relevant previous conviction for drink driving leaving him liable to a minimum three year disqualification.

Defending solicitor Sam Morton said Cannon had very little recollection of the events that day as he was an alcoholic at the time.

“He was drinking on top of taking medication prescribed for depression and he was riding a moped with ‘L’ plates which did not belong to him,” he said.

“It was about 4am and he can only think he was allowed to ride it by somebody and the only real risk he posed at the time was to himself.

“He fell off the moped after a short distance and suffered really bad injuries himself and initially thought he may have been a pillion passenger, however he now accepts he must have driven it.”

The court was told the defendant was currently subject to a community order imposed for previous offences and he was looking to move back to the Luton area where he originally came from.

“He is the earner for the whole family and a custodial sentence would be devastating for all of them,” added Mr Morton.

Probation officer Joe Harper said that Cannon’s memories of the incident were “sketchy” but believed he must have borrowed the bike to drive the short distance home.

“He has now had time to think about the offence and says he feels ashamed,” he said. “He stopped drinking more or less straight away after the accident and has remained dry ever since, although it is a struggle for him.

“Since then he has striven to make a better life for himself and is moving back to the Luton area soon.”

He said that Cannon had replaced a previous cocaine addiction with alcohol and this incident had put a great deal of stress on him, and his behaviour had pushed his relationship to its limits.

The magistrates sentenced Cannon to a 12 month community order with 300 hours unpaid work and a 20 day Rehabilitation Activity Requirement along with a four week curfew where he must remain at his home address between 7pm and 7am daily while electronically tagged.

He was also given a three year driving ban and ordered to pay £135 costs and an £85 victim surcharge. A destruction order was also made for the cannabis.