Councillor disqualified from driving after breath test refusal

A city councillor has been convicted of failing to give a blood sample after being stopped by police on suspicion of drink-driving.
Rachel Kelsall, councillor for Hanford, Newstead and Trentham, was pulled over by officers as she was driving away from Stoke Civic Centre on December 5 following a tip-off.
The 54-year-old had been attending a Stoke-on-Trent City Council reception following that afternoon's full council meeting, but insisted she had only had a small glass of mulled wine. Kelsall was arrested after she was unable to give a roadside breath sample, despite seven attempts.
At the Northern Area Custody Facility, Kelsall was again unable to give a breath sample, and consented to have a blood specimen taken instead. But after 45 minutes and three attempts, a nurse was unable to draw any blood, and Kelsall was subsequently charged with failing to provide a specimen for analysis.
The prosecution claimed that Kelsall had been deliberately moving her arm to 'frustrate' the efforts to take the specimen.
Kelsall denied the offence, claiming she had 'reasonable excuse' for the failure, as the nurse had struggled to find a vein – an issue Kelsall said she had experienced before.
But Kelsall was convicted following a trial at Derby Magistrates' Court on Thursday.
Prosecutor Stephen Oldham claimed that the difficulties experienced by the nurse were part of a pattern of behaviour that evening.
He said: "We say that everything Ms Kelsall did that evening was intended to frustrate the police investigating her for drink-driving.
"There may be an excuse for any one of these individually. But I would say that there was a pattern there. There were three attempts to take a sample of blood. She frustrated these attempts by moving her arm."
The court was shown bodyworn camera footage of nurse Helen Peters' repeated attempts to take a blood sample.
In the video, Kelsall could be heard complaining about the 'humiliating' experience, crying out in pain at some points, and angrily reacting to arresting officer PC Rose Whewall's suggestion that she was trying to stop a sample being taken.
In her evidence, PC Whewall told the court that she believed Kelsall was acting to thwart the nurse's efforts.
She said: "It was my honest opinion that Ms Kelsall was deliberately moving her arm so the nurse could not take any blood."
But under cross-examination by defence solicitor Richard Oldroyd, Ms Peters agreed with his assertion that Kelsall had been co-operative at some points, but there had been difficulty with finding a palpable vein.
During her evidence, Kelsall claimed that this admission supported her case that she had a reasonable excuse for the blood not being taken.
Kelsall also told the court that she suffered from panic attacks and long Covid, among other health issues, and that her arrest had been an ordeal for her. But she denied deliberately frustrating the attempts to draw blood.
She said: "I was panicking. I couldn't catch my breath. I was intimidated by the whole experience. I was even more affronted by what the PC said. At best it was unnecessary, at worst unprofessional. I never resisted. I gave consent several times."
The magistrates, in convicting Kelsall, accepted that Kelsall had given verbal and written consent to have her blood taken, but said her actions did not match her words.
In mitigation Mr Oldroyd reiterated the assertion that Kelsall had been co-operative at points during the evening, and the magistrates accepted that her offence was at the lower end of seriousness.
She was handed a £337 fine and a £135 surcharge, and was told to pay £650 towards prosecution costs, totalling £1,122. Kelsall was also disqualified from driving for 12 months, which will be reduced by three months if she completes a drink-driving course.
Kelsall was first elected as a Conservative councillor in 2019, and successfully defended her seat in 2023. She was suspended by the Conservative Party shortly after the incident, and currently sits as a non-aligned member.
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