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Man banned and fined for refusing to take breath test

A man told police that he would not take a breath test without his lawyer present, and then refused to contact the counsel, a court heard yesterday.

Kinole Simons, 44, pleaded guilty in Magistrates’ Court to refusing to take a breath test.

The court heard that police saw him driving in a suspicious manner along Dundonald Street in Hamilton on November 9.

As they followed him, officers saw Simons suddenly stop his car several times and fail to signal a left-hand turn on to Brunswick Street.

Officers later pulled him over and questioned his driving.

Asked whether he had consumed alcohol, Simons said: “I had a few drinks.”

Officers arrested Simons and took him to Hamilton Police Station, where they demanded a sample of breath for analysis.

The court heard that Simons refused to take the test and demanded to speak to his lawyer first.

He was given the option to call a lawyer, but said: “I can’t call him at this time.”

Simons was warned and eventually charged with refusing to take a breath test.

The Sandys resident apologised to the court for his actions.

He was banned from the road for 18 months and ordered to pay a $1,200 fine by the end of next month.

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