Driving ban for councillor's blood sample refusal

A councillor has been banned from driving for 12 months after failing to give a breath test and frustrating attempts to take a blood sample ordered by police.

Rachel Kelsall - a former Stoke-on-Trent Conservative councillor who now sits as an independent - represents the Hanford, Newstead and Trentham ward.

She was charged with the offence of "failing to provide a specimen for analysis" following an incident on 5 December 2024, police said.

She was sentenced after a trial at Derby Justice Centre on Thursday.

Kelsall's disqualification could be reduced by three months if she satisfactorily completes a drink-driving course by 21 December, the court said.

Kelsall was stopped by police on suspicion of drink-driving, the court heard, and was pulled over by officers as she was driving away from Stoke Civic Centre on 5 December following a tip-off.

The 54-year-old had been attending a 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.

After a further failure to give a breath sample at the Northern Area Custody Facility, Kelsall consented to have a blood specimen taken instead.

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 she had been deliberately moving her arm to "frustrate" the efforts to take the specimen.

Kelsall claimed she had a "reasonable excuse" for the failure, as the nurse had struggled to find a vein – an issue Kelsall said she had experienced before.

However, prosecutor Stephen Oldham claimed that the difficulties experienced by the nurse were part of a pattern of behaviour that evening.

"We say that everything Ms Kelsall did that evening was intended to frustrate the police investigating her for drink-driving," he said.

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 reacting angrily to arresting officer PC Rose Whewall's suggestion that she was trying to stop a sample from being taken.

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.

Kelsall claimed this ed her case that she had a reasonable excuse for the blood not being taken.

She 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.

"I was panicking. I couldn't catch my breath. I was intimidated by the whole experience," she said.

"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."

She denied deliberately frustrating the attempts to draw blood.

Magistrates found Kelsall's actions did not match her words, but accepted that her offence was at the lower end of seriousness.

As well as the driving ban, she received a £337 fine and a £135 surcharge, and was told to pay £650 towards prosecution costs, totalling £1,122.

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