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A drunken man pulled over after “swerving” and driving around a roundabout “very slowly” claimed asthma and a “panic attack” prevented him giving a breath sample.

Sam Hancock, aged 24, was seen crossing the central reservation line and driving in an “erratic manner” on Barlborough’s Oxcroft Way, Chesterfield Magistrates’ Court heard.

Lynn Bickley, prosecuting, said when Hancock stopped for police on October 2, at about 1.20am, he “smelled of intoxicants” and there was half a bottle of wine on the passenger seat.

A check also revealed he was a disqualified driver and he was taken into custody.

Sam Hancock, 24, was seen crossing the central reservation line and driving in an “erratic manner”

Ms Bickley said: “When asked to provide a sample of breath, he didn’t blow hard enough and kept stopping mid-breath. He said he had asthma and would have a panic attack.”

The court heard Hancock had two previous driving convictions.

Hancock, of Creswell Road, Clowne, admitted driving while disqualified and uninsured and failing to provide a specimen.

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Nadine Wilford, mitigating, said he had not driven far and, in his own words, had made “a big mistake”.

She said: “He accepts he had been drinking earlier in the night and is completely remorseful.”

Mrs Wilford said Hancock had never been supported with rehabilitation, or a thinking skills programme.

She said: “Perhaps if he had we would not be here today. He is still very young and has never been to prison before.

“He has not been at work, because he’s so worried about these proceedings.”

Mrs Wilford said there was a concern in a report completed by the probation service that Hancock could be exposed to “criminally-sophisticated peers” if sent to custody.

Sentencing, magistrates told him: “This is a serious offence and it crosses the custody threshold, but we’re stepping back from custody.

“Our reasons are your age, your willingness to engage with probation and the fact you have never been subject of a community order before.”

Hancock was jailed for six weeks, suspended for 12 months, and ordered to carry out 10 rehabilitation activity days and 100 hours of unpaid work.

He was banned from driving for four years and ordered to pay a £154 victim surcharge and £85 court costs.

Drunk-driver failed to give breath test amid asthma and ‘panic attack’