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READING footballer Dave Kitson was probably under the drink driving limit when he was arrested for refusing to take a breath test, magistrates were told.
But the 27-year-old striker's refusal cost him an 18 month driving ban - reduced to 14 months when he completes a rehabilitation course - and a £1,000 fine.
Kitson, who lives in Shinfield, admitted failing to provide a breath sample and not co-operating with a request for a urine sample, and Reading magistrates also ordered him to pay £60 costs.
After the case Kitson's solicitor, John Rowe, said: "Dave regrets his actions and wishes to put the matter behind him and concentrate on his football at Reading FC."
He had told the court when Kitson eventually provided a breath sample three hours later, the reading was 29 miligrams and under the 80 limit.
Mr Rowe said had Kitson been over the limit when arrested, the later reading would still have been between 50-59.
The court heard Kitson was stopped on his driveway in Shinfield at 1am on Wednesday, January 9, after being followed from Church Lane by police who believed he had broken the 30mph speed limit.
He admitted drinking two pints earlier, but prosecutor Revinder Chodha said: "He was asked on his driveway to provide a sample for a breath test but refused saying that he was not speeding and that he knew his rights. He was subsequently arrested."
Solicitor Mr Rowe said: "It is important to realise that he misunderstood his legal position.
"He was not aware that, whether or not he had committed an offence, the police were allowed to ask him to provide a specimen.
"He does not accept that he was driving in excess of 30mph and is confident that he had done nothing wrong.
"He is not a lawyer and made clear his position throughout, both on his driveway and at the station, that if he was shown to have committed an offence then he would provide a specimen. He misunderstood the law.
"I ask you to consider when sentencing him that he was not exceeding the speed limit and therefore not posing a threat to other road users."
This article appeared in Reading Chronicle 24 Jan 08
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