A learner rider who was found to be over his alcohol limit of zero when police had spotted him doing a wheelie, has been fined a total of $330 and disqualified for two months.
Brodie Shane Austin of Frog Rock Road, Frog Rock, pleaded guilty to charges of 'Special category driver drive with special range prescribed concentration of alcohol' and 'Negligent driving (no death or grievous bodily harm)'.
According to the police facts submitted to the court, at 4.15pm on July 18, 2020, officers were driving out of the Mudgee BP service station and waiting for a gap in the traffic so they could turn onto Church Street.
They have seen a motorbike exit the Aldi parking lot and travel north along Church Street, the rider has then accelerated and lifted the front wheel off the ground for what the officers estimated to be 25 metres.
Police activated their lights and stopped the motorbike and then asked the rider, Austin, if he'd consumed alcohol. Austin replied, "yeah I've had about two beers" and the subsequent roadside breath test was positive for alcohol.
Officers arrested the 27-year-old and took him to Mudgee Police Station, where he recorded a breath analysis of 0.044. He admitted to consuming one pre-mixed drink and two stubbies of beer between 1pm and 4pm.
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Austin held a learner's permit for the motorcycle class, which has an alcohol limit of zero.
In Mudgee Local Court on Wednesday, Magistrate David Day listed the aggravating circumstances.
"He's got a bad traffic record, next he knew he'd been drinking and his licence has a limit of zero, next he was on one wheel for 25 metres," he said.
His honour also suggested, "a person on a vehicle with two wheels shouldn't reduce it's road adhesion by 50 per cent".
Magistrate Day said the charge for the wheelie was the sticking point and had the defendant appeared in court just for the special range drink driving charge he could've left without a criminal conviction being recorded.
"If there wasn't the negligent driving I'd give him the benefit... but not with that kind of riding. It's not something that's prevalent, but you see it often enough," he said.