Back-road drive leads to fine court outcome
AN Anzac Day drinking session saw a UK resident caught drink driving almost three times over the legal limit after he was overheard talking about “using the back roads”.
David Pearce, 33, appeared in the Townsville Magistrates Court yesterday and pleaded guilty to one count of driving over the middle alcohol limit, but not over high alcohol limit.
Police prosecutor Cassandra Nitz told the court that at 11pm on April 25 this year police were called to Summerfield St in Hermit Park. “Two males were getting in and out of a car talking about using the back roads to avoid police,” she said.
“Police located a vehicle driving out of Summerfield St and have intercepted the vehicle for the purpose of a breath test and licence check.”
Ms Nitz said Pearce returned a 0.143 blood alcohol concentration reading.
Pearce told police he had consumed three beers and two shots of whisky that day.
The court heard Pearce was holder of an international a driver’s licence and had been charged with low-range drink driving in NSW in 2016.
Defence lawyer Lisa Taylor said her client was a UK resident who was about to become a first-time father and was currently applying for an Australian spousal visa.
Ms Taylor said Pearce was about to have his employment terminated due to his suspended licence and the court proceedings could hamper his efforts to remain in Australia.
“The impact of a traffic conviction upon his application for a visa has played on his mind,” she said. “My client is of good character and recently volunteered for three months after the bushfires helping people to rebuild their homes.”
Magistrate Steven Mosch told Pearce driving under the influence was dangerous.
“It is concerning and you were not only a risk to yourself, but a risk to other road users,” he said.
Pearce was disqualified from holding a driver’s licence for five months and was fined $750.
Convictions corded. were not re