A MAN who said he had only turned on his car to use the heater while he slept has been convicted on a charge of of high-range PCA.
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Gerry Peter Hope, 35, of West Bathurst, was sentenced by magistrate Cate Follent in Bathurst Local Court last week.
He was fined $1000, disqualified from driving for six months and placed on an Interlock order for two years.
Police facts handed to the court told how at 1am on Sunday, August 4, Hope was seen hunched over in the driver's seat of a stationary motor vehicle on Market Street, Muswellbrook.
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The headlights of the vehicle were on, the keys were in the ignition and the engine was running but the accused's right foot was on the brake pedal.
Police first knocked on the window of the vehicle and then opened the door to wake the accused.
He appeared to be moderately affected by alcohol with slurred speech and alcohol on his breath.
Hope produced a driver's licence and submitted to a breath test which returned a positive reading. He was placed under arrest and taken to Muswellbrook Police Station where a breath analysis recorded a reading of 0.224.
Hope said he had consumed an unknown amount of alcohol between 2pm and midnight at the Railway Hotel and did not eat during this time.
Hope wrote a letter to the court speaking of his embarrassment and saying he had turned on the car to use the heater while he slept.
He said his actions on the night were not of malice or ill will.
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