Peter Robert Winkcup, 49, faced Mackay Magistrates Court pleading guilty to driving under the influence of ice and marijuana, driving under the influence of ice and possessing a knife in public between May 3- June 6.
Peter Robert Winkcup, 49, faced Mackay Magistrates Court pleading guilty to driving under the influence of ice and marijuana, driving under the influence of ice and possessing a knife in public between May 3- June 6. Facebook

'It's not ice officer, it's my toe medication'

A MACKAY man busted driving on the drug ice twice in less than a month reckons one of his positive tests could be linked to toe medication.

Police also caught Peter Robert Winkcup carrying a 10cm folding knife in his pants pocket during a roadside stop.

Winkcup faced Mackay Magistrates Court on Wednesday, pleading guilty to driving while a drug was present (methamphetamines and cannabis) and possessing a knife in public on May 3 in Sophia Street, Mackay.

The 49-year-old, who was not represented by a lawyer, also pleaded guilty to driving while a drug was present (methamphetamines) on June 6 in Sydney Street, Mackay.

Before the sentencing began on Wednesday, Magistrate Nerida Wilson checked Winkcup wanted to "go it alone".

Winkcup did and said he would like the matter dealt with straight away.

Prosecutor Sheena Hayes said Winkcup's history included a June, 2016 conviction for driving on ice.

She told the court police were patrolling Sophia St on May 3 when officers pulled Winkcup's car over and he recorded a positive saliva test.

"Police have asked the defendant about some items present in the vehicle and as a result a search was conducted," she said.

The knife was then found, which Winkcup said was for general use, and his saliva was later sent off by police for analysis.

It came back positive to ice and cannabis, Ms Hayes said.

On June 6, Winkcup was snared by a police Roadside Drug Test unit in Sydney St and again tested positive to ice.

Responding to the agreed facts, Winkcup told Ms Wilson he "didn't realise it would stay in your system so long, your honour".

He said when he tested positive a second time he "forgot" to tell police he was on medication for a toe injury.

"So, I don't actually know whether that affected the test or not," Winkcup said.

However, that submission was not touched on by Ms Wilson in her sentencing remarks.

She was scathing of Winkcup's behaviour behind the wheel and said he put law-abiding drivers on the road at risk.

Ms Wilson said if Winkcup racked up a similar conviction in future he "would be perilously close to in some way, shape or form having an order for imprisonment imposed".

The magistrate ordered Winkcup to undertake 12 months probation, which will include urine testing for substances and attendance at rehabilitation programs.

Winkcup was disqualified from driving for eight months, fined $250 and convictions were recorded.



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