Second DUI offence in 12 months

A MAN on his second drink-driving offence in 12 months appeared in Gladstone Magistrates Court on Friday.

Benjamin Jon Houston was intercepted by police at 8.50pm on August 11 with a blood alcohol reading of 0.055.

Defence solicitor Dave McHenry said his client was a 30-year-old unemployed man.

“My client was at a family function and accepts responsibility for his actions,” Mr McHenry said.

“He doesn’t have a drinking problem.”

“This is your second low-level drink-driving offence in less than 12 months,” Magistrate Damian Carroll said.

Houston was placed on probation for ten months for the drink-driving offence and disqualified from driving for four months. For breaching his bail he was fined $175 or faced two days in jail with convictions recorded.

Steven Noel Byrne pleaded guilty to failing to provide a specimen of breath. Police prosecutor Constable Troy Daubaras said Byrne was pulled over at 10pm on August 11 on Hampton Drive at Tannum Sands.

“The defendant failed to supply a specimen of breath and was arrested,” Const Daubaras said.

Defence solicitor Stacey O’Gorman said there was no reason for her client not supplying a specimen.

“He did blow in the breathalyser both at the roadside and back at the station but did not blow hard enough for a reading,” she said.

Magistrate Carroll fined Byrne $1600 or 21 days in jail with a conviction recorded. He was also disqualified from driving for six months.

Daryl Andrew Gilham also pleaded guilty to drink-driving. He was charged at 3.30pm on August 10 on Glenlyon Road with a reading of 0.097. The defendant, who represented himself, said he didn’t think he was over the limit.

“I had consumed four wines and had not eaten and I was on stress medication,” he said.

He told the court that he had stopped drinking since the incident.

“I commend you for taking action to address your drinking issues,” Magistrate Carroll said.

Gilham was fined $700 or nine days jail and disqualified from driving for three months.



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