Bathurst court: Woman blows reading of 0.171 with children in the car

Jane Kathryn Hands, 37, of Hamilton Street, did not appear before magistrate Catherine Follent on Monday, with her solicitor Emma Mason telling the court her client was at work and not on any bail.

Ms Mason indicated her client was pleading guilty to the charge and said Hands was seeing a forensic psychologist in early April. She asked the court to adjourn the matter to enable a report to be prepared.

When Ms Follent asked what was the purpose of the report, Ms Mason said her client had a number of issues that the report would address and ultimately speed up the sentencing process.

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Police facts tendered to the court told how Hands was stopped by on the afternoon on January 22 by officers who were undertaking random breath testing in Vittoria Street.

When police approached the vehicle they saw three young children in the car and could smell perfume coming from inside the cabin.

Hands was asked if she consumed any alcohol and she replied: "No, I haven't had any drink in years, I don't drink as I have epilepsy."

However, Hands' roadside breath test produced a positive result.

Hands was asked for her driver's licence and she produced a NSW Gold Class C driver's licence. She was given a second roadside breath test which also produced a positive result.

The accused was still adamant to the police that she had not consumed "any alcohol whatsoever".

Police asked the accused if she had consumed other liquids, such as mouth wash, and she was afforded a 10-minute period for any mouth alcohol to dissipate.

After 10 minutes she undertook a third test, which also returned a positive result.

Hands was arrested by police for the purpose of a breath analysis.

She was taken to Bathurst police station where, after submitting to the breath analysis, Hands recorded a reading of 0.171, placing her in the high range.

In relation to her drinking, Hands again told police she'd had "no alcohol whatsoever". When police offered the services of a doctor she became hostile.

Police facts stated that later in the charge room Hands admitted she "had one glass of wine, at 3pm".

The matter will be back before the court on April 20. Ms Follent indicated that given it is Hands' first offence, a sentencing assessment report will not be required.