A BMW driver who went into the back of an articulated lorry on the M62 motorway was cleared by a court of refusing to give a blood sample to police when required, because he proved his injuries may have left him confused at the time.

Ian Cockroft, 44, of Water Street, Crawshawbooth, admitted driving without due care and attention on the M62 at Middleton, but denied the blood sample charge. After a trial the case was found not proved. Cockroft was awarded legal costs in respect of the trial issue.

For driving without due care he was fined £150 and ordered to pay £45 court costs with four penalty points added to his licence. He was of previous good record. Mr Eric Hewitt, prosecuting, said the lorry driver was doing 50mph on the M62 when he suddenly surged forward as a result of an impact at the rear.

When police arrived Cockroft was being placed in an ambulance but a police sergeant smelled alcohol on his breath and later followed him to hospital, where Cockroft, supported by neck and head braces, received treatment. The officer was told a breath test was inappropriate because of injuries but a blood test would be allowed. The officer claimed on two occasions he clearly asked Cockroft to submit to a blood test but each time the defendant said no. The officer felt Cockroft had fully understood the requests.

Mr Duncan Nightingale, defending, said Cockroft was suffering confusion because of his injuries and may not have fully understood the request. What was more tests under the Glasgow Coma scale to establish the degree of consciousness proved that Cockroft was below that where he could have been assumed to be fully conscious and taking everything in. "Mr Cockroft had just been involved in a serious road traffic accident which could have left him rambling," he stated.

The bench accepted there was some uncertainty about whether Mr Cockroft was fully conscious and there were also inconsistencies in evidence and accordingly dismissed the case.