No show costs a crash driver $1000
A MAN who drank three beers after crashing his car has been fined $1000.
The case of Stanhope’s Robert Emmett, 31, was heard in an ex parte hearing in the Echuca Magistrates Court on Tuesday where he was charged with drink driving and driving an unregistered vehicle.
Police informant Sergeant Noel Gleeson told the court Emmett had crashed his car on Mill Rd, Stanhope on December 2.
‘‘I was doing mobile patrols in Stanhope when I came across the accused at 8.50pm,’’ he said.
‘‘On reasonable grounds I came to believe he was the driver of the vehicle as he was standing beside the car.
‘‘He told me he had swerved to miss a cow before coming to a stop in the drain. The accident happened at approximately 8pm.
‘‘When asked if he had had any alcohol he said he had three cans of beer after the accident.’’
Sergeant Gleeson said the preliminary breath test showed presence of alcohol.
‘‘He accompanied me back to the Kyabram police station where at 10.21pm he recorded a reading of .106,’’ he said.
‘‘I interviewed him after the breath analysis where he said he had only had the three beers.
‘‘It is a very high reading for two and a half hours after three drinks.’’
Magistrate Patrick Southey said that because the accused was not in attendance to argue his case the result of the findings prove he was driving under the influence.
‘‘It is a bit hard to satisfy the court that you weren’t drinking before hand with a reading like that and when you don’t bother coming to court,’’ he said.
‘‘It is proven beyond reasonable doubt.’’
Emmett did not appear in court.
He was convicted, fined and had his licence cancelled and disqualified for 10 months.