A driver who couldn’t provide police with breath sample had been treated by his doctor for a chest infection, a court heard.
Kirklees magistrates were told that the 54-year-old had suffered from severe health problems following the death of his first wife from cancer.
He admitted failing to provide a specimen of breath for analysis.
The court heard that he was pulled over by police concerned that he was speeding in New Mill Road.
He attempted to leave the vehicle but was arrested and taken to Huddersfield Police Station.
There he failed to properly provide the required breath samples.
Mike Sisson-Pell, mitigating, said that his client had a history of serious mental health problems.
This was triggered by the long illness and subsequent death of Wimpenny’s first wife, who was misdiagnosed twice.
He suffered with severe depression and struggled to cope.
On the day of the offence Wimpenny, who now runs his own business breeding exotic cats, was told that work being done to his house had finished.
Mr Sisson-Pell said: “He got the workmen a load of drinks in and had a few drinks with them.
“Later that evening he decided to go to his local takeaway in Honley for a curry. That was closed and he decided to drive to Brockholes.
“He parked up, police arrived and he panicked.”
Mr Sisson-Pell added that his client tried his hardest to provide breath at the police station.
He said: “The defendant was unable to satisfy the machine which you have to provide with a certain pressure for a certain period of time.
“He had a chest infection and it was a clear that he had a genuine problem with ongoing treatment and a restricted air flow.
“But the medical practitioner could not say that on the day that’s what made it impossible for him to provide a sample of breath and he doesn’t have a defence.”
Magistrates committed Wimpenny to Leeds Crown Court for sentencing on November 11.
This is because he is already subject to a suspended sentence order.