Man refused breath test because cops did not see him driving
A 28-YEAR-OLD motorist told police they could not breath test him because the officers had not seen him driving.
Matthew Brian Smith had pulled his White Toyota Hilux to the side of a road in Chuwar and was standing next to his vehicle when he was approached by police on April 7 at night.
Smith's vehicle had its engine running as well as its headlights and radio turned on.
Police noted that Smith smelled of liquor and had slurred speech.
The electrician refused to undergo a roadside breath test despite several requests from police.
He argued that the officers had not seen him driving, so they couldn't breathalyze him.
The officers told Smith they had seen his car parked on the opposite side of the road a few minutes before they approached him.
Smith told police he had driven across the road, but still refused a breath test.
He was arrested and charged with failing to supply a specimen of breath and being under the influence while being in charge of a motor vehicle.
At Ipswich Magistrates Court this week, he pleaded guilty to the offence.
Smith's lawyer said his client had been feeling down on the night he was arrested and had gone for a drive to clear his head.
Smith packed a blanket with the intention of finding a quiet place by the side of the road, to have a few drinks, listen to music and later sleep in his vehicle.
The court was told that Smith was remorseful for the way he behaved towards police and that he had acted out of frustration due to the emotional state he was in at the time.
Magistrate Deborah Vasta noted that Smith had been convicted of drink driving before but that his last drink driving offence was seven years ago.
Smith was fined $2000 and disqualified from driving for six months.