The driver accused of causing the death of a Crawley mum failed a breath alcohol test at the crash scene, a court heard.
Minesh Parbat, 36, of Gregory Close, Maidenbower, denies causing death by dangerous driving.
A jury at Lewes Crown Court was told that Parbat’s girlfriend Lisa Watling, from Langley Green, was fatally injured in the crash.
Prosecutor Philip Meredith said Parbat had been driving a BMW Z3 on the A2011 Crawley Avenue, around 1.40am on March 9, 2014.
Mr Meredith said that the car drifted onto the central reservation, and Parbat over-corrected, causing the car to crash into a fence.
The court was told that Miss Watling, who was not wearing a seatbelt, was thrown out of the car.
A statement from Special Constable Harris, read out in court, said he arrived at the scene to find petrol leaking onto the road from the wrecked car, and Miss Watling lying in the road nearby.
“Minesh Parbat was injured to the head, his face was covered in blood.
“I asked him if the passenger was his girlfriend, and he said: ‘Yes, how is she?’
“When I was talking to him, I could smell alcohol on him.”
“APS Butler said to carry out a roadside breath test.
“At 02.42, ambulance staff informed me that he was now able to give a specimen for a breath test.
“It came back as a fail, giving a reading of 57.”
The legal limit is 35mcg per 100ml of breath.
Parbat and Miss Watling were both treated at the scene by paramedics before being taken to St George’s Hospital in Tooting.
Giving evidence, PC Bennion-Jones said that he was at the hospital when doctors took a blood sample for another alcohol test.
As police procedure requires, he said, the sample was divided into two. One was for the police laboratory to test, the other to give to the suspect in case they wanted to have independent tests carried out.
Richard Cherrill, defending, challenged PC Bennion-Jones over whether he had explained this properly to his client, or even offered to leave the second sample with him.
“Was it not clear to you that he was drifting in and out of consciousness?” he asked.
PC Bennion-Jones said: “No. I perceived that he was conversing with people as and when he wanted to.”
Mr Cherrill said: “I suggest that you had an adverse view, and that you simply took against him.”
The case continues.
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