Driver four times over the limit at out of control party
BUSTED behind the wheel of his Hilux ute at 11pm, an Ipswich lad told police "you'll get me for drink driving if you test me".
Sure enough when tested Nathan Bucholtz had an alcohol reading of .215, more than four times the legal limit.
The bad decision to drive was made after police were called when Bucholtz's party was invaded by gatecrashers.
One man was apparently wielding a small axe.
Prosecutor Sergeant Paul Caldwell told Ipswich Magistrates Court the police crime squad went to Keidges Rd in Bellbird Park after reports of an out of control party.
A gold coloured Toyota Hilux was seen to stop briefly then turn in front of the police car, with items falling off its tray.
The driver, Bucholtz, got out and walked unsteadily toward police making the comment about getting him for drink driving.
"He says there was a party at his home and a group of people gatecrashed. His vehicle was parked in the backyard and he thought it would be damaged so drove it to another street to be more protected as he knew the police were coming," Sgt Caldwell said.
Sgt Caldwell said Bucholtz was taken to Ipswich Hospital for a suspected broken arm and to get a blood test.
Nathan John Bucholtz, 37, a dad of three from Bellbird Park, pleaded guilty to driving under the influence of alcohol (0.215) at 11pm on Saturday, September 15.
Asked by magistrate David Shepherd what he had to say on the matter, Bucholtz explained the events of that evening.
"On the night of my party a group of 15 people turned up," Bucholtz said.
"My neighbour's son got hit by an offender with a tomahawk.
"I tried to stop one. Got my arm in his (car) window.
"I was dragged along.
"I fractured my elbow, a big gash out of my knee."
Bucholtz said two of the offenders smashed his ute when he got in an altercation with them.
He said when they left he tried to block them.
He told the court he needed his licence to keep his job as a truck driver.
Mr Shepherd asked if he sought legal advice.
"I have but I can't afford it," he said.
Mr Shepherd said it was a high alcohol reading but it did seem that there were some unusual features to the matter, in the circumstances being described by Bucholtz.
Mr Shepherd said Bucholtz's version of events could be described as being an emergency situation.
It was also noted the extent of Bucholtz's travel on a public road had been very brief, and he'd been trying to protect his property.
But he had driven with an alcohol reading in excess of 0.2 while he was wounded and this could have led to injuries of others.
Mr Shepherd said Bucholtz's response to being attacked at a party may have been coloured by alcohol, and the penalties would significantly impact on his capacity to work as a driver.
Taking into account what had been put before the court, Mr Shepherd fined Bucholtz $1000 which was sent to SPER for a payment plan, and his licence was disqualified for 10 months.
His licence had been suspended since the offence.