“Everyone knows”: Crash driver refuses breath test
MIDNIGHT crash driver Selwyn Simpson refused multiple breath tests, saying it was so obvious he was drunk that there was no point.
Ipswich Magistrate's Court heard police were called to a crash scene in Bellbird Park around midnight and onlookers pointed out Simpson standing nearby as being the driver of a crashed Holden Commodore.
Selwyn Jack Simpson, 40, a labourer from Riverview, pleaded guilty to failing to provide a specimen of breath (roadside) for analysis or blood for test at 12.30am on February 29 in Bellbird Park; and failing to provide a specimen of breath or blood for test on requirement at Goodna police station.
Prosecutor, Senior Constable Courtney Boss said police had been called to a single vehicle traffic crash at Bellbird Park and, after arriving at 12.30am were told by witnesses that Simpson exited the crashed Commodore.
He was seen by officers waiting nearby.
Snr Const. Boss said that when asked by officers to provide breath sample for analysis Simpson refused.
He was warned that it was an offence and again was asked to provide a sample.
When asked if he had any lawful reason not to provide, Simpson said "Yes because I'm f***ing drunk."
Snr Const. Boss said Simpson was taken to Goodna police station and at 1.06am he again said he was not going to provide a specimen.
When told it was an offence he again refused.
Defence barrister Terry Strong said Simpson had been drinking with friends and had no plans to drive that night, but after receiving a phone call had driven to assist a distressed relative.
"He got into his car, had way too much to drink," Mr Strong said.
Mr Strong said that when asked why he wouldn't provide a specimen Simpson replied: "I was drunk. Everyone knew I was drunk. I just thought it was a waste of time."
Mr Strong said it was Simpson's stubbornness and silliness to refuse by being difficult.
He said Simpson was a father of two adult children and took full responsibility for his offending.
He also suffers health issues including high blood pressure.
There would be no future risk as he'd since sold his car.
"You have been foolish," Magistrate Virginia Sturgess told Simpson.
"You refused the breath test roadside. You knew you were drunk."
Ms Sturgess said his previous three convictions for drink driving were offences in 2013 with an alcohol reading of 0.147; in 2012 with an alcohol reading of 0.12; and an alcohol reading of 0.16 in 2006.
Simpson was fined $1000 and disqualified from driving for nine months.