A DRINK driver has reappeared before the Gladstone Magistrates Court after he got off a drink driving charge in the same court more than a year ago.

The drink driver had accused police of trying to manufacture a drink-driving charge against him.

John Bircsak, 61, was a slightly familiar face when he went back before Gladstone magistrate Penelope Hay.

Prosecutor Sgt Barry Stevens told Ms Hay she would be aware of the history that stemmed from Bircsak driving to Calliope police station, after drinking a bottle of vodka, to make a complaint about a dispute in a caravan park at 2.30pm on May 20, 2014.

At the time Calliope police said he was seen "stumbling toward the station", he reeked of alcohol, his eyes were red and glazed and he was "rambling" about his neighbours.

Bircsak told police he drove there and had drunk a bottle of vodka. A breath analysis gave an alcohol reading of 0.143.

His appearance to be resentenced came 14 months after Ms Hay dismissed the drink-driving charge against him on a technicality.

Ms Hay had found there was no proof the person who signed the breath analysis certificate was an authorised police officer under the Transport Operations (Road Use Management) Act.

However, since her decision on November 26, 2014, Bircsak's case has been to the district and supreme courts.

The magistrate's decision was appealed by police in the district court, which set aside Ms Hay's order to dismiss the drink-driving charge.

The district court found Bircsak guilty of driving a motor vehicle while over the mid-alcohol limit, with all elements of the charge proven.

Judge Brad Farr SC said the magistrate's conclusion (regarding the officer's authorisation) was wrong and contrary to the legislation.

He said Bircsak was "indulging in unreasonable speculation" when he put forward arguments of police trying to manufacture a drink-driving charge and insisting there must be CCTV footage.

The matter was sent back to Gladstone Magistrates Court for sentence.

Then, just days before Christmas, Bircsak failed to convince Queensland Court of Appeal justices (in a supreme court decision) they should hear his case.

The three justices found the distinct court judge made no error and they refused Bircsak leave to appeal the decision.

Before Ms Hay once more, Bircsak pleaded guilty to drink driving at Calliope on May 20, 2014. The higher court decision was handed up by Sgt Stevens. Bircsak requested a conviction not be recorded "because I believe it was unlawful".

Ms Hay said he had a limited traffic record and fined him $500. He was disqualified for three months and a conviction not recorded.



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