A TRUCK driver caught having a joint after he blew cannabis smoke out his window and into the path of an oncoming police car has been convicted of possessing and administering a prohibited drug.
Andrew Lloyd Harry Turner, 51, of Tandora Street, Kelso, appeared before visiting magistrate Mijovich in Bathurst Local Court.
In a written plea of guilt to the court, Turner apologised, saying what had happened had not represented his normal behaviour and that he was stressed.
The court heard Turner was driving a Pantech truck on July 4 this year when he came to the attention of police who were travelling in the opposite direction.
As police passed the accused, he blew smoke out the vehicle’s driver’s side window that police could smell inside their vehicle.
The smoke, according to the police facts, had an overpowering smell consistent with cannabis.
Police did a U-turn and stopped the accused for a roadside breath test and to investigate the cannabis smell.
When they approached the truck, police could smell cannabis inside the cabin of the vehicle and said the accused was fidgeting in the truck.
Turner underwent a roadside breath test, which produced a negative result.
Police spoke with Turner, who initially denied any presence of cannabis.
But he later admitted to police he was smoking a joint while driving the truck as it passed the police vehicle, according to the police facts.
His truck was searched and police found a container of cannabis behind the driver’s seat.
Turner was cautioned and the cannabis was seized by police and later weighed at 8.2 grams.
The accused made full and frank admissions to possessing the cannabis for personal use and smoking the cannabis as police passed his vehicle, according to the police facts.
For the possession of a prohibited drug, he was convicted and fined $400.
For administering a prohibited drug, he was convicted and fined $400.