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Breathless decision proves a real blow for truck driver

The breathalyser machine is an essential part of the inside the 'Fatal 4 - Highway Patrol Police Car's accessories.
The breathalyser machine is an essential part of the inside the 'Fatal 4 - Highway Patrol Police Car's accessories. Lee Constable

FAILING to provide a sample of breath for testing proved an expensive decision for a concrete truck contractor left without his driver's licence.

Townsville-based concrete truck driver Brian John Stubbs had moved to Toowoomba for work on the second range crossing about six months ago, Toowoomba Magistrates Court heard.

However, on the evening of December 8, he was pulled over by police on Norwood St and tested positive for alcohol.

Taken to Toowoomba Police Station for breath analysis, the 32-year-old became uncooperative and refused to walk into the station, having at one stage to be dragged by police, prosecutor Sergeant Mike Robinson told the court.

He had then failed to provide a specimen of breath for analysis.

He pleaded guilty to obstructing police and failing to provide a specimen of breath for testing.

His solicitor Nathan Bouchier said his client had already suffered penalty because his truck had remained idle since his licence was suspended and he had as a result lost thousands of dollars in work.

Magistrate Damian Carroll said failing to provide a specimen of breath had left Stubbs subject to a minimum driving disqualification period of nine months.

Taking that into account, Mr Carroll fined Stubbs $500 and disqualified him from holding or obtaining a driver's licence for nine months.

Topics:  drink driving fail to provide specimen of breath toowomba court


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