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North-east man could face jail after refusing to provide breath sample following crash

Pavel Urkel
Pavel Urkel

A man who crashed his girlfriend’s car on a north-east road and then refused to be breathalysed by police could face a jail sentence.

Pavel Urkel previously pled guilty to two charges, driving while disqualified and failing, without reasonable excuse, to provide a breath sample.

The 36-year-old crashed on Kinmundy Road in Peterhead on May 10, with his partner in the passenger seat, and then refused to co-operate when police tried to take a breath sample.

He had been due to be sentenced at Aberdeen Sheriff Court this week, but Sheriff Philip Mann said he was considering a prison sentence and deferred the matter further for more reports and for Urkel to appear in person.

He said: “I wonder if I should be looking at a custodial sentence.

“I think that if I were to stop short of a custodial sentence I would think there should be some restriction on his liberty.

“I think what I should do is further defer for a restriction of liberty assessment.”

The case was deferred until next month.


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Stuart Flowerdew, Urkel’s solicitor, told the court: “He was in the back of an ambulance when inquiries were being made. He was concerned as to what had happened to his girlfriend.

“His position is he accepts he became distracted and didn’t co-operate with police because of his distraction.”

Fiscal depute Lynne MacVicar previously told the court: “The most recent previous conviction confirms the accused was disqualified from driving in 2017 until June 2021.”

“The accused was driving his partner’s vehicle on the date libelled.

“A member of the public noted it to be driving along Kinmundy Road in Peterhead weaving between lanes.

“The accused was driving his girlfriend’s vehicle. His girlfriend was in the passenger seat and the car collided with the car of the member of the public I have referred to.

“The police and ambulance service were called as a result of the collision, which caused extensive damage to both vehicles.”

Ms MacVicar said Urkel, of Springbank, Peterhead, was suffering from “back and neck pain”, adding: “It was considered necessary for the accused to be taken to Aberdeen Royal Infirmary but he was deemed fit to provide a specimen of breath.

“The accused, despite being given several opportunities to provide a specimen, refused to do so without providing a reasonable excuse.”

Urkel was taken to hospital but was not assessed to be injured.

The incident happened around 4.20pm, with the road reopening by 8.15pm.

This article originally appeared on the Evening Express website. For more information, read about our new combined website.