David James Carr, 43, appeared in person and unrepresented before magistrate Michael Allen where he pleaded guilty to low range PCA.

The court heard that Carr was pulled over by police at 1.06pm on January 2 this year.

Police said Carr was driving his white Ford Falcon ute on Hereford Street when he was directed into a random breath testing site.

Police asked if he had been drinking and he said: “Yes, about five or 10 minutes ago I had a beer”.

A roadside breath test returned a positive result, and he was taken to Bathurst Police Station where, after a 15-minute observation period, he recorded a reading of 0.063, placing him in the low range.

Police facts tendered to the court said Carr had consumed three beers between 1pm and 1.04pm at the Farmer’s Arms Hotel.

In court, Carr said he disputed the police facts which said he consumed three beers between 1pm and 1.04pm, which he said was physically impossible.

He said he instead consumed the three beers over a period of one-and-a-half hours.

Carr also said he had failed to allow for the fact he hadn’t eaten any food, although he said this was no excuse. 

Mr Allen convicted Carr, fining him $300 and disqualifying him from driving for six months, from March 17, 2014.