Parked cars hit in crash
Man’s suspended prison sentence for dangerous driving while drunk
A MAN charged with crashing into two other cars while doing burnouts who refused to do a police breath test was handed a 12-month suspended prison sentence.
Brodie Lee Murphy, 25, of Cannonvale, pleaded guilty in Proserpine Magistrates Court on Monday to dangerous operation of a vehicle while adversely affected by an intoxicating substance and failing to provide a specimen of breath for analysis.
Prosecutor Robert Beamish told the court witnesses said Murphy had done a burnout as he approached Illawong St from Manooka Drive in Cannonvale, at 10.27pm on October 4.
“Witnesses said they could hear the engine revving and tyres screeching,” he said.
Murphy’s ute then hit a parked Holden Barina, pushing it into shrubs, and causing it to be written off, Mr Beamish said.
The court heard Murphy’s ute also hit a Jeep Commander, damaging its rear fender.
Murphy’s ute ended up sideways across the road.
When police attended the scene and asked to see Murphy’s driver’s licence, he tossed his wallet onto the ground in front of them, Mr Beamish said.
He also said police noticed Murphy was stumbling while he walked and smelt of liquor and asked him to do a breath test at the police station.
Once at the station, Murphy refused to do a breath test several times, telling police he would not do one because he knew he “was going over high range anyway”, Mr Beamish said.
Murphy’s solicitor Steven Hayles said his client had been drinking at a bar in Airlie Beach and had driven his mum’s ute home after a disagreement with someone else at the bar.
He said Illawong St was a steep incline and Murphy had accelerated as he headed onto the start of it, but had lost control and crashed.
“The offence appears to be drunken stupidity,” Mr Hayles said.
“Very fortunately no-one was in the immediate vicinity of the crash and no-one was injured.”
Magistrate Simon Young said Murphy’s conduct was “highly concerning in a residential area”.
“Purely through good luck and not good management you’ve not injured anyone apart from some grazes on yourself,” Mr Young said.
“It’s a very serious matter in a residential area and the potential for injury is so high.”
Murphy was sentenced to 12 months in prison, wholly suspended for two years. His driver’s licence was disqualified for 18 months – six months for the driving charge and 12 months for failing to do a breath test.