A MAN who refused to take a breath analysis test was “automatically” bumped up into the high range drink-driving category, according to Magistrate Terry Lucas.
For 20-year-old Robert Bugg, of Maxwell Avenue, refusing to take a breath analysis at the police station after blowing 0.108 roadside was not the only mitigating factor in a crime which cost him $1800.
On October 12, 2012, at 11.40pm, police pulled over a Ford Falcon on Sale Street for a breath test.
Officers smelt alcohol coming from the car and saw an open can of Victoria Bitter in the centre console, statements tendered to the court said.
Bugg agreed to a roadside breath test which put him into the mid-range category of drink-driving.
He then refused to give officers a copy of his license because he did not have one and told police officers that they knew full well he was unlicensed.
He then became extremely agitated and hurled expletives at officers.
“You know I don’t have a license you dog copper c—-,” he told police.
Bugg told police he had had “a couple of beers” and denied drinking the open beer in the centre console.
Police tried to put Bugg in the back of a police van but he started threatening officers.
“I’m gunna fire up and smash these c—-,” he told them.
Police took Bugg back to the station and attempted to convince him to take a breath analysis test but he told them he would not, three times.
Police reported he had blood shot eyes, was slightly unsteady on his feet and smelt strongly of alcohol.
Magistrate Terry Lucas fined him $1,000 for failing to submit to a breath analysis, $500 for not having a license and $300 for using offensive language in a public place.
He was disqualified from driving for 12 months.