Man called out in court as ‘architect of own misfortune’
A MAN has received almost $2000 in fines after he failed to provide a breath sample twice.
Brett Allan Keirnan, 38, pleaded guilty in Bundaberg Magistrates Court to five offences including failing to provide a specimen of breath as required and wilfully making unnecessary noise or smoke.
Police prosecutor Sergeant Grant Klaassen told the court police were called to an incident at Goodwood Rd on the night of April 14.
When officers arrived at the scene they saw Keirnan's car was stopped in a ditch.
Sgt Klaassen told the court witnesses in the area had heard noise and saw smoke in the time before police arrived.
The court heard Keirnan, who was found nearby, was asked to participate in a roadside breath test where he refused.
Sgt Klaassen said Keirnan was then taken to the Bundaberg Police Station where he was again asked to participate in a breath test.
The court heard Keirnan was given many opportunities to give a sample of breath but again refused.
As a result of failing to give a breath sample, police disqualified Keirnan's licence that night.
Keirnan's lawyer Matt Messenger told the court his client's plea came at an early opportunity.
Mr Messenger said his client had made a "stupid" decision and that neither Keirnan or any members of the public were injured in the incident.
He said the loss of his licence would also make it difficult for Keirnan to see his daughter in Brisbane.
Magistrate Andrew Moloney took into account Keirnan's plea of guilty.
Mr Moloney told Keirnan that he had no one else to blame but himself.
"You were the architect of your own misfortune," he said.
Keirnan received a total of $1800 in fines and was disqualified from holding a licence for six months.