A DAZED crash victim found staggering near a damaged vehicle resisted a breath test because he was not the driver.

Albert Biddle was found smelling of alcohol shortly before midnight on Tuesday, April 10.

John Barnett, prosecuting, said an officer discovered the 27-year-old near a van which had collided with a road sign on the A449 Worcester to Malvern Road.

"Nobody was in the van but the engine was still warm and the defendant was nearby staggering about," said Mr Barnett.

"He smelled of alcohol and his speech was slurred.

"He was uncooperative and didn't respond, following which there was a violent struggle and later he threatened to kick the door and windows in of a police vehicle."

He was later said to be argumentative with the custody sergeant and refused to provide two samples.

Specimen

Biddle, of Burley Lane, Bringsty, near Worcester, admitted failing to provide a specimen when he appeared before Droitwich magistrates yesterday.

Nick Roberts, defending, said his client was very upset and had been reluctant to enter a guilty plea.

"The fact is he wasn't the driver, he was the passenger in the back of the van," explained Mr Roberts.

"He recalls the van crashed, and the driver and front seat passenger jumped out and left the vehicle.

"He was left in the back and was found by the police bemused and dazed, rather than staggering about as the police said.

"That's the reason he refused to give a breath test and why he was argumentative. He didn't realise he had to give a specimen."

Biddle was given an interim disqualification and magistrates called for pre-sentence reports. The case was adjourned to Thursday, May 17.