A man who was arrested after returning a positive roadside breath test and then escalated the situation by resisting police, was sentenced for the incident he appeared in Mudgee Local Court last week.
Anthony Edward Robson, of Pumicestone Street, Bellara, was fined a total of $990 and ordered to complete a 12-month interlock period, having already spent six months off the road since the incident when his licence was suspended. He pleaded guilty to charges of mid-range drink driving and resisting police, as well as driving a vehicle without carrying his licence.
According to the police facts tendered for sentence, the 33-year-old was travelling east along Mortimer Street at 10.10pm on June 13, when officers stopped him for random breath testing. When police asked him to handover his licence, Robson admitted "I don't have it on me", his roadside breath test was positive for alcohol and he was placed under arrest.
Robson exited his vehicle, put his keys in his pocket after police asked him to hand them over, and attempted to walk away. Officers took hold of Robson's sleeve to try to stop him.
Robson attempted to break free and struggled with police, before grabbing the side rail of his vehicle and refusing to be moved. After further resistance and refusing to loosen his grip on the vehicle, police cuffed Robson to the side rail.
Additional officers arrived to assist and took Robson to Mudgee Police Station, where he recorded a breath analysis of 0.140.
In court, Magistrate David Day asked the defendant's solicitor, Simon Flynn, "why did he get so stroppy and walked away, because he knew he was gone or was he tired and emotional?"
Mr Flynn submitted that his client "made the impulsive decision to drive" on the evening, after he'd been told that the wait for a taxi could've been "hours".
However, Magistrate Day countered, "the whole of Mudgee isn't that big". The court heard that Robson's residential address at the time was in Cedar Avenue, around two kilometres from the Mudgee CBD.
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