Proserpine Magistrate’s Court
transported to Proserpine Hospital, where he supplied a specimen of blood.
Police prosecutor Elizabeth Cassells said this returned a reading of 70mg of alcohol per 100mls of blood, equivalent to a breath alcohol concentration reading of 0.070 per cent.
Ms Cassells said Cook told police he had not consumed alcohol that day but drank about four beers on the previous night.
Consequently he said he couldn’t believe or explain the reading.
As for the manner of his driving, Ms Cassells said Cook was changing the radio station when he saw something dark and swerved to avoid it.
In court on Monday, Cook told magistrate Haydn Stjernqvist that he carried a breathalyser with him and that very day it had given him a zero reading.
“I don’t know how much you paid for it but... some are better than others,” Mr Stjernqvist said.
“[And] they’re no defence course.”
Mr Stjernqvist also said readings from blood were “a whole different kettle of fish”.
“Blood will always come back higher,” he said.
Cook was fined $660 and disqualified from driving for two months.
Scott Andrew Fulton pleaded guilty to driving while over the middle alcohol limit and while his licence was suspended.
At 8.45pm on January 22, Fulton was the driver of a white Toyota Hi- lux seen passing straight through a roundabout on Shute Harbour Road, without observing the line markings. Fulton was breathalysed, returning a BAC reading of 0.111 per cent. He admitted consuming two VB beers and four XXXX Gold’s from 5.30-8.30pm.
On February 7, Fulton was seen driving a white Toyota sedan on Abell Road, where he disobeyed a noentry sign. He admitted to police his licence had been suspended, pending a court appearance on February 10.
In court on Monday, Fulton’s defence solicitor said he accepted there was no excuse for his behaviour on either count.
She said in the first instance he had not eaten that day, and in the second, it was a “foolish decision” to drive.
Magistrate Haydn Stjernqvist said Fulton’s second offence had enormously complicated and aggravated what would otherwise have been a fairly straightforward drink-driving charge.
For the offences he received two, $600 fines and was disqualified from driving for a total period of two years and five months.
Martin Heinz Knoll was not present in court to answer a charge of unlawfully possessing suspected stolen property, which was dealt with in his absence.
Knoll was suspected of stealing alcohol from the Hayman Island Resort, with an accomplice, who was dealt with in court last week.
Knoll received a $330 fine and was ordered to pay $14.50 in restitution costs.
Evan John Lawrence was banned from attending any licensed premises in the Airlie Beach CBD for a period of 12 months after pleading guilty to contravening a police direction.
At 12.45am on January 24, Mama Africa security staff contacted police about an unruly man who was trying to start fights in the area near the club. On arrival, police saw Lawrence engaged in a heated verbal argument with another man, who he was also seen pushing and shoving.
The 29-year-old Mt Marlow resident was issued with an official move-on-direction, requiring him to leave the Airlie CBD and not return before 6am.
Police prosecutor Elizabeth Cassells said he was dismissive, belligerent and non-compliant with police and after several warnings he was arrested.
In court on Monday, Lawrence said he was highly intoxicated at the time.
“I didn’t really know what I was doing or saying,” he said.
Magistrate Haydn Stjernqvist said this type of offence was very common in Airlie Beach during the “witching hours”.
“[And] everyone’s pretty well sick of it, including the police,” he said.
In addition to the banning order, Lawrence received a $550 fine.
Karen Susan Leo pleaded guilty to driving while her licence was SPERsuspended.
The 40-year-old Proserpine resident was stopped for a licence and registration check on the Bruce Highway at Rockhampton on December 23 at 1pm.
Police checks revealed her licence was SPER-suspended in September. She was fined $220 and disqualified from driving for one month.
Kelvin Reyne Nielsen sent a letter to the court pleading guilty to contravening a police direction.
On January 7, the 22-year-old West Mackay resident was issued with a notice to attend the police station within seven says to provide his identification details. On February 1, he finally contacted police and subsequently attended the Mackay station.
He said he hadn’t read his notice properly and thought his barrister had sorted matters out on his behalf. He received a $110 fine.
Running the gauntlet
Markus Douglas Vainsaar told the court he knew he “ran the gauntlet” the day he drove without a licence.
The 23-year-old local resident was caught driving a white van with New South Wales plates on Shute Harbour Road, Cannonvale, at 5.45pm on February 5.
Police checks revealed his licence was SPER-suspended due to an accumulation of unpaid traffic infringement fines.
He was fined $220 and disqualified from driving for one month.