Allan Wayne Gleeson of Castlereagh Highway, Capertee, was disqualified for a further 12 months and sentenced to a 12-month Community Corrections Order.

According to the police facts submitted to the court, at 12.40pm on July 3, 2020, officers were driving through Mudgee's Byron Place parking lot when they saw a vehicle with a trailer attached, parked in a way that would've prevented a truck from being able to back-up to the Woolworths loading dock.

Police returned a short time later to see Gleeson driving the vehicle a short distance within the parking lot.

When officers asked Gleeson to hand over his licence, Gleeson admitted that he didn't have one as he was in the process of having an interlock device installed.

The installation of an interlock device is mandatory for drivers convicted of high-range, mid-range, repeat, and driving under the influence of alcohol offences. The interlock period follows a short disqualification and if a driver hasn't entered into the program, or is driving a vehicle that hasn't had a device fitted, they are considered to be disqualified.

READ ALSO:

Magistrate David Day, upon reading that the charge was listed as a second or subsequent offence for the last five years, said to the defendant "I will say this Mr Gleeson, if you continue to drive unlicensed you will go to jail".

Gleeson represented himself in court and said he hadn't driven to the location and while there was only moving the vehicle because he didn't believe Byron Place was a road.

Magistrate Day said even if that was the case, the location would be considered "a road related area" and therefore still be subject to the same laws as a road.

Gleeson reiterated in court what he'd told police at the scene, that he was "getting the interlock sorted".

To which Magistrate Day replied, "you don't have to worry about that for a while", as he disqualified Gleeson from driving for a further 12 months.

According to NSW Legislation a "road related area" includes areas that "are open to or used by the public for driving, riding or parking vehicles".