Sunderland nail salon boss banned from driving after refusing to give sample to police
A nail salon owner has been banned from driving after failing to provide a breath sample to police.
Hung Vu, 46, who arrived in the UK in the back of a truck from Vietnam in 2003, exceeded the limit after being arrested in Sunderland.
But he refused to give police a second specimen of evidence, as required by law, the South Tyneside Magistrates’ Court said.
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Vu, who fled his home country due to political persecution and is now a British citizen, admitted the charge through an interpreter.
His lawyer said he refused to comply because he was concerned about the impact of his crime on his three-outlet business and its employees.
But Deputy District Judge Gary Garland criticized him for the deliberate failure of Sunday, May 31, after he was arrested in Ashwood Street, Ashbrooke.
He banned Vu, of Flint Road, Sunderland, from driving for two years and denied her a place in a rehabilitation program aimed at reducing the bans.
Prosecutor Glenda Beck said: “A police officer’s attention was drawn to a vehicle because of the way it was driven.
“As he was stopped at the traffic lights, the vehicle started backing up, and it was towards the police car.
“When the lights changed, the car left. The officer continued to follow the vehicle.
“He deviated towards the cones to the left and to the right. When he pulled up, we spoke to the driver.
“He got out of the driver’s seat and the officer could see that he was clearly drunk.
“When asked if he had had a drink, he said, ‘A little. “
Ms Beck said Vu was asked to provide a roadside breath sample, but refused to do so properly.
After his arrest he provided a sample on a CAMIC device to the Middle Engine Lane Police Station in Wallsend.
He showed 73 mcg of alcohol in 100 ml of breath, the court said. The legal limit is 35mcgs.
Vu then refused to provide a second sample, claiming the machine was not functioning properly.
Defense attorney Michael Gibson said: “This is the first time Mr. Vu has been arrested since July 2003.
“That’s when he entered the UK from Vietnam, aged 28, in the back of a truck.
“His family kind of gathered the money to get him out of Vietnam, for a better life and to escape political persecution.
“He applied for asylum and got a permanent residence permit and is now a UK citizen.
“Remarkably enough, 18 years later he owns three nail salons in the area and employs 10 people.
“During the CAMIC procedure at the police station, there was a Vietnamese interpreter on the phone, by the side of the road there was none.
“There were two police vehicles, he was handcuffed, he was scared.
“At the station, he detonated the first one, but was afraid of prosecution. He was afraid for his company and for his employees.
“What he didn’t know was that if he didn’t blow into the machine the second time around, he would be sued anyway.”
Vu, who pleaded guilty to failing to provide a specimen, was also subject to an electronically monitored curfew from 8 p.m. to 8 a.m. and must pay a victim fine surcharge of £ 95 and court costs of £ 85 .