Calne drink-driver has appeal thrown out by crown court judge
A drink-driver who claimed he was not over the limit has had his appeal thrown out by a judge after he repeatedly failed to turn up at court.
Jaroslaw Schimera, 28, claimed he had a sample of blood taken by the police examined and it showed he did not have excess alcohol in his system.
But Schimera, who representing himself, missed a number of court hearings leading to a judge at Swindon Crown Court striking out his appeal.
Tim Hills, for the Crown, said Schimera was seen by police at the side of the road trying to jack up a car on Friday, April 5, last year.
He smelled of drink and after failing a roadside test was taken to the police station where, because he said he had a heart complaint, blood was taken.
It showed he had 128mg of alcohol in 100ml of blood, the legal limit is 80mg, but months later he got his half of the sample tested and it showed 29mg.
He insisted he had kept the sample in the fridge as he saved up before sending it off to lab at the end of July.
By then Schimera, of Linnet Road, Calne, had already admitted drink-driving when he appeared at the magistrates' court, but he sought to have the conviction overturned.
He initially claimed he had not driven the car and was advised to go to the justices and ask for the plea to be set aside and the case reopened.
But he not only failed to do that but also did not turn up at the crown court for his appeal to be heard in December.
When he was questioned by police he told them he had chanced upon his fiancee's car at the side of the road and set about repairing it.
He said he only admitted the charge in the lower court because he feared he could be jailed if he fought the case and lost.
When he again failed to turn up on today, Judge Douglas Field said he would strike out the appeal.
He said it had been adjourned in December so he could ask for it to be reopened by magistrates but inquiries with that court found he failed to attend there in January.