Banned motorist who drove dangerously given suspended prison sentence

Michael McNulty, 39, of Main Street, Keswick, refused to give a sample of breath to police and later defecated on the floor of a police cell, Workington Magistrates’ Court was told.

Police were on mobile patrol at 3am on Christmas Day in Bodmin, Cornwall, when they were sent to a report of a dangerous driver, who was in a silver Alfa Romeo car.

Prosecutor Pamela Fee said the officers attended a Texaco garage, where the vehicle was pulling away.

Police pulled into the petrol station and illuminated their emergency lights. McNulty swore at police using his middle finger and failed to stop.

Police followed the vehicle and McNulty continued to fail to stop. Police then lost sight of the vehicle for five seconds, the court heard.

Ms Fee said it was clear that the driver had exited the vehicle and ran off. Officers then began searching for the driver on-foot and McNulty was seen exiting from a bush.

Officers were shouting at him but he continued to run. He was eventually located hidden under a parked vehicle.

McNulty was handcuffed and placed under arrest. Officers requested a sample of breath but the defendant refused and said he hadn’t been driving.

Ms Fee said McNulty was very “aggressive” and “argumentative”. He urinated in the police van and then defecated on the floor of a holding cell at custody.

He was a disqualified driver, required to take an extended retest before driving again and was not entitled to insure a vehicle, the court heard.

Ms Fee said it was a deliberate refusal to provide a specimen of breath and the defendant had acted “appallingly” towards the police officers.

She said he tried to “get out of it” by saying he wasn’t the driver and didn’t appear to have shown “any remorse whatsoever”.

McNulty had pleaded guilty at an earlier hearing in Cornwall to failing to stop when directed by police, driving with no insurance, failing to provide a specimen of breath for analysis, driving otherwise than in accordance with a licence and driving while disqualified.

The defendant, who was not legally represented, said: “I would like to apologise for my behaviour that night.

“I have been struggling with my mental health down in Cornwall. There’s no excuse for what I have done. I have moved away from Cornwall and I’m trying to move forward.”

Passing sentence, chair of the magistrates, Michael Coulson, said: “Your behaviour on that night was absolutely disgraceful.

“This matter is made worse by the fact you are disqualified from driving and your poor driving on the night.”

McNulty was sentenced to 12 weeks in custody, suspended for 18 months.

He was given a community order with two requirements – to complete the ‘Thinking Skills’ programme and a 60-day alcohol abstinence and monitoring requirement.

McNulty was disqualified from driving for 36 months and must pay £85 costs and a £154 victim surcharge.

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