Businessman failed to give Powys police station specimen after blowing over three times the limit at roadside

A businessman has narrowly avoided being sent to prison after he failed to provide a specimen at the police station.

Jake Nesbitt had already blown 122 micrograms of alcohol in 100 millilitres of breath at the roadside, the limit being 35 micrograms.

But when the 54 year-old of Llandovery got to the police station, he found it difficult to give a breath through the machine.

He appeared at Llandrindod Wells Magistrates Court on Tuesday, where he admitted failing to provide a specimen at Newtown Police Station when suspected of having committed an offence.

The court was told that Nesbitt was stopped by police because of the poor manner of his driving on July 31 2026.

Magistrates ordered pre-sentence reports into the matter.

Probation officer Mrs Donna Davies said the offence was committed during a significant and sustained alcohol misuse period.

She said Nesbitt was drinking a bottle of wine a day and he acknowledged that his drinking increased following the death of his mother and step-mother.

Mrs Davies said Nesbitt has run his own health food business for 23 years but would drink to relax.

He described the incident as a 'wake up call' and said on the day of the incident he had drank a couple of glasses of wine and then drove with his partner to the Spar and bought more wine.

Mrs Davies said he acknowledged his judgement was impaired, he was remorseful for the offence and was aware of what he had done.

She said he lives in a cottage alone and has done for 24 years, he likes restoring and repairing cars and he has good family relationships and a partner.

She said presents a low risk of re-offending.

She recommended a 12 month community order with an alcohol treatment requirement and rehabilitation sessions.

Mitigating, Mr Geraint Parry said Nesbitt did not intentionally refuse to give a sample but he was finding it difficult to give a breath through the machine.

But the magistrates said they were certain that it was a deliberate failure to provide a specimen as Nesbitt already knew he had blown 122 at the roadside and was in trouble.

They sentenced him to eight weeks in prison suspended for 12 months.

He will have to complete an alcohol treatment requirement for nine months, 10 rehabilitation sessions and he will have to pay a £154 surcharge and £85 costs.

Nisbitt was also banned from driving for 30 months although he was offered the chance to attend the drink drive rehabilitation course.