A driver who broke 14 ribs when he smashed his car into a tree failed to provide a specimen of blood to police whilst at hospital because he was confused, a court heard.

Police were called to Hampstead Norreys, Berkshire, on Valentine’s Day following reports that a car had struck a tree and the driver was trapped inside, Oxford Magistrates’ Court heard.

Paramedics told officers they’d seen a number of empty cans of alcohol inside Brian Smith’s vehicle.

The 36-year-old, who broke 14 ribs and his collarbone in the crash, was cut from the car by firefighters and taken to John Radcliffe Hospital in Oxford.

It was there he refused the police officers’ request that he provide a sample of blood so it could be analysed for alcohol.

In mitigation, it was said he had been on painkillers at the hospital and was very confused about what was being asked of him. Had he understood what was being asked he would never have refused the request for a blood sample.

Smith, of Newtown Road, Newbury, pleaded guilty at an earlier hearing to failing to provide a specimen. He had a previous conviction from 2013 for drink driving.

He was given an 18 month community order with 60 hours of unpaid work and an alcohol rehabilitation programme. The JPs banned him from driving for two years and ordered he pay £145 in costs and surcharge.

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