A FRODSHAM man who refused to give a blood sample to police as he "didn't like needles" would probably not have ended up in court had he complied with the test, Chester magistrates heard.

Timothy James Franklin, 32, of Talbot Road, Dunham on the Hill, Frodsham, was discovered by police in a broken-down car parked on the A55 by the Posthouse Roundabout on the outskirts of Chester on September 7.

Prosecuting at Chester Magistrates Court on Friday, September 27, Rob Youds said police drug tested Franklin at the scene and cocaine was indicated on the drug wipe, so they tried to go through a drug-testing procedure to confirm if that was the case.

But Franklin replied he "did not like needles" and "was not doing" it.

In interview, he said his girlfriend had been driving the car and was at the nearby BP garage, and he could not explain why he had cocaine recorded in his system.

He had previous similar convictions and was currently on a four-year driving ban.

A probation report heard Franklin had been very co-operative with the service and had been working as a chef in the agency.

When not in work he liked to go fishing and had taken to avoid negative associations.

Defending, Richard Simm said: "The irony was if he had provided a sample of blood, the reality is he most likely would not have been charged with any offence.

"He is a disqualified driver and if they had any evidence he had been the driver he would be charged with the relevant offence.

"He says it was his partner's car, she is insured to drive the vehicle. They have gone to get petrol so she had gone back to the garage. He was waiting there [in the car] as they had rung Green Flag. Police did not make any attempt to speak to her on the mobile phone.

"He has to concede that police had suspicions he had been driving. He says he fears needles and did not believe he had done anything wrong.

"The car ended up getting scrapped as the engine had blown and the partner got another vehicle."

Mr Simm added if Franklin was sent to custody he would lose his accommodation and his partner would be affected.

Chair of magistrates Theresa Whittingham told Franklin he could have gone to prison, but while he would be spared jail, the overall sentence would be "very onerous".

"The reality of this is if you had given that sample, you would not have been in here today," she told him.

Franklin was handed a six-week prison sentence, suspended for 12 months, placed on a 12-month community order to include 150 hours unpaid work, while his driving ban was extended by a year.

He must pay a £122 victim surcharge and £85 in court costs.

  • Timothy James Franklin and co-accused Lee James Ryan, 36, of Whitchurch Road, Waverton, have each denied at Chester Magistrates Court a charge of conspiracy to commit an £11,000 fraud between September and December 2017 while working as staff at Barrowmore House in Barrow. Franklin also denies a charge of a £500 theft in Helsby, allegedly from November 1, 2017. The case will next be heard on October 25.