A FORMER soldier refused to be breathalysed for suspected drink driving after getting into a fight on a night out in Worcester, a court heard. 

Gavin Davies swore at officers who tried to breathalyse him after he was stopped in Croft Road, Worcester, magistrates heard.

Davies pleaded guilty to failing to provide a specimen for analysis when he appeared at Worcester Magistrates Court on Thursday, (September 8). 

Worcester News: COURT: Magistrates give Gavin Davies a community orderCOURT: Magistrates give Gavin Davies a community order (Image: West Mercia Police)

Waleed Khan, prosecuting, said police were initially called to a disorder between men on Foregate Street at around 1.30am.

Mr Khan said the men, including Davies, were given dispersal notices to leave the area with Davies being abusive to officers and shouting. 

When police advised him to go to the hospital for his injuries, Davies responded: "I'm not injured, I've just sniffed too much cocaine".

The prosecutor said: "He started to walk off in the direction of Foregate Street. 

"Minutes later, a CCTV operator said a man, matching Davies's description, had entered a van."

Mr Khan said the van drove off before it was stopped in Croft Road by police. 

After his arrest and being taken to Worcester Police Station, when asked for a sample to test, Davies swore at police. 

"It was wilful and deliberate refusal," the prosecutor added. 

Worcester News: COURT: Gavin Davies appeared at Worcester Magistrates CourtCOURT: Gavin Davies appeared at Worcester Magistrates Court

Paul Stanley, defending Davies, explained his client had been an ex-soldier who toured Iraq, but had recently been diagnosed with having PTSD. 

"He had a fight in town, he had a broken nose,"  Mr Stanley said. 

"He drove a short distance.

"He has not drunk any alcohol since the night of the offence."

The court heard in a probation report that Davies had explained the PTSD led to him struggling with the number of officers around him. Davies explained he had wanted to leave quickly but his "head had gone", making the mistake of getting into the car and driving off.

The probation officer told the court Davies had not taken any cocaine and just said it for a reaction.

Mr Stanley added the 38-year-old was now receiving help for his issues including from an Army charity.

READ MORE: Crown Court falls silent to mark death of The Queen with changes expected soon

READ MORE: ASDA, Boots and Sainsbury's shoplifter has six months to prove to courts she can change

Charles Townsend, chairman of the magistrates bench, told Davies - because it was such a serious offence - he was being handed an 18-month community order. 

Davies, of Lingmell Court, Worcester, must complete 25 rehabilitation activity days and 100 hours unpaid work as part of the order.

Davies was banned from driving for 17 months, and also told to pay court costs of £135 and victim surcharge of £114.

Davies offered to pay the full amount within 56 days - the chairman accepting that offer but warning, if he failed to do so, he would be chased up by the courts and risked being sent to prison.