Isacc Compton, 32, of Silver Street, Marrickville, did not appear before Bathurst Local Court to answer the charge, and the matter was subsequently dealt with in his absence. 

The court heard Compton is a musician who was in Bathurst with his band playing at a wedding.

At around 2.15am, police were contacted by staff at McDonald's advising of a possible intoxicated driver.

Police attended and located the accused just as Compton was driving away from the last window.

Police say he turned into the rear car park of the restaurant and, after driving 50 metres, pulled into a park, with police pulling in behind him.

The court heard the car park at McDonald’s is open and free to use by all members of the public and, as such, is classified as a road related area within the act.

Police got out of their vehicle, introduced themselves to the accused and explained that he had been pulled over for a breath test.

They also asked him for his driver’s licence.

According to police, Compton said to the officers: “I know I’m over; I’m done.”

When police asked for his driver’s licence, he explained he did not have it on him as he “had left it in Sydney”.

A roadside breath test produced a positive result and Compton was arrested, searched and placed in the rear of the police vehicle.

He underwent a breath analysis, recording 0.127.

Police conducted checks on their system in relation to the accused’s licence, which revealed it had expired on July 18, 2017 and he did not have a current licence.

While at the police station, Compton admitted to driving between the Panorama Hotel and McDonald’s and said he had intended on driving back before police saw him.

For mid-range PCA, he was fined $600 and disqualified from driving for 12 months.

For driving while his licence was expired, he was convicted and fined $200.