Eric Douglas Morgan, 29, of Trinity Drive in Kelso, appeared before Magistrate Viney in Bathurst Local Court charged with driving a vehicle with an illicit drug in his blood (second-plus offence).

Police facts tendered to the court told how Morgan was pulled over by police on the morning of March 23 this year when they were conducting stationary speed enforcement in a school zone.

They estimated his vehicle was well in excess of the 40 kilometre per hour school area limit and a speed check showed it was travelling at 64km/hr, according to the police facts.

Police activated their warning lights and the accused came to a stop in Bullock Place.

The court heard several doors opened on the vehicle and the accused got out of the driver’s seat and stood near the door, then leaned into the vehicle and slid back into the driver’s seat before moving over into the passenger’s seat.

Meanwhile, the front nearside passenger got out of his seat and moved into the front of the vehicle to the driver’s door and started to act as the driver, according to the police facts. 

Police had been calling for further vehicles at this stage and had not noticed the switch by the accused and front passenger. Further police arrived and all the other occupants were removed from the vehicle.

A review of the in-car video footage clearly showed the accused had been the driver at the time of the offence, according to the police facts.

The accused was asked to produce a driver's licence, but was unable to do so.

A roadside breath test produced a negative result, but a roadside drug test was positive for methamphetamine.

Morgan was arrested for a secondary drug test.

Morgan was convicted by the court and disqualified from driving for 12 months from July 2, 2018 to July 1, 2019.