Full of hot air, refuses test

A MAN who refused police officers’ requests to do a breath test — even though he later proved he was not driving a vehicle — faced court yesterday.

Eric Shane Love, 39, of Chinchilla was charged with failing to give a breath test and two counts of obstructing police after an incident on March 22 last year.

Police prosecutor Sergeant Barry Stevens said the former Millbank man had been approached by officers after police received information he had recently driven a vehicle.

They asked to breath test him.

“He told police to f... off — he said he had not been driving and would not supply a specimen of breath,” Sgt Stevens said.

The police prosecutor said the verbal attack ended in a scuffle and after struggling with Love, officers arrested him.

The struggle continued at the police station.

“(Love) refused to get out of the vehicle,” Sgt Stevens said.

“He was taken out of the vehicle with force to the police station.”

Even though Love later proved he was not driving a vehicle, refusing to give a breath test is considered equivalent to blowing 0.15% or more and is treated as a drink driving offence.

The court was told the offence was the tow truck driver’s second major reading in five years.

Defence lawyer Rian Dwyer said his client had been through a marriage breakdown and had turned to alcohol to cope with the personal trauma.

“He hasn’t been given the benefit of probation and considering his personal circumstances ... probation may be appropriate,” he said.

Mr Dwyer told the court the mandatory loss of his licence could mean Love might lose his job.

Magistrate Neil Lavaring convicted and sentenced Love to 18 months probation and disqualified his licence for six months.



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