Trent Dries, aged 23, of Sloman Close, Dubbo, appeared before magistrate Michael Allen in Bathurst Local Court charged with refusing or failing to submit a breath test.

Police facts tendered to the court told how at 10.18pm on October 12 police were patrolling Hereford Street in a marked highway patrol vehicle when they saw Dries making a right-hand turn on a roundabout in Gilmour Street.

The court heard police pulled in behind Dries’ vehicle, activating their lights and sirens and he pulled over 200 metres up the road.

As police approached the car they observed Dries in the driver’s seat and could smell intoxicating liquor.

Police told Dries he had been stopped for the purpose of a random breath test and they asked for his driver’s licence.

He told police he was in his pyjamas and didn’t have it.

They then asked if he had a current driver’s licence and he replied “yes”.

They asked him to blow in the tube attached to the alcolizer, and he placed his lips on the end of the tube and made a blowing noise, but no air entered the tube.

Police warned him he was required to provide a sample of his breath and if he failed to do so he may be committing an offence.

Dries again put his lips around the tube and made a blowing noise, but no air entered the tube.

Dries then became agitated and insisted to police he “was doing it right” but police provided him with two new tubes but both new attempts failed to provide police with a sample.

When police advised Dries he was under arrest he started yelling, and became abusive. He was handcuffed and a caged vehicle was called for.

Dries was taken to Bathurst Police Station and given three opportunities to provide a breath analysis, all of which failed. 

For refusing/failing to submit a breath test, Dries was fined $500 and disqualified from driving for 12 months. A second matter, licence expired less than two years, was dealt with by way of Section 10 A.