Parked cars hit in crash

Man’s sus­pended prison sen­tence for dan­ger­ous driv­ing while drunk

Whitsunday Times - - NEWS - Monique Pre­ston monique.pre­[email protected]­sun­day­

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.

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