A DRIVER who tried to beat a roadside drug test will have to cough up $1100 and complete 20 hours of community service.
Damien Eric Osborne, 42 of Kumali Circuit, faced Orange Local Court on Monday pleading guilty to two counts of failing to provide an oral sample and one count of hindering police after an incident in the early hours of December 23.
Police pulled over Osborne's Nissan sedan just after 12.30am on Young Street, Redfern.
After a negative breath test for alcohol, police handed Osborne the drug test, which requires drivers to scrape their tongues.
However, Osborne changed the angle and only scraped the side of the test testing for cannabis, not the side which tested for amphetamine.
Police instructed Osborne to take the test correctly but during the next attempt and at least eight after it, despite warnings it was an offence not to provide a sample, he still only tested for cannabis.
He was being a pest.Magistrate David Day
On a number of attempts, the test made no contact with his tongue.
Police then arrested Osborne and took him back to the police station after a search of the Nissan revealed several syringes.
Inside the dock, Osborne slumped over and started to shake violently, but paramedics could not find anything medically wrong with him.
When he was eventually raised, he refused to provide an oral fluid sample, saying he would if the first test returned a positive result.
Officers asked for the testing device back, but he refused and did not give it up when officers tried to take it back.
Asked whether he would then provide a sample, he said he would, saying, "I want to do the first test first".
He then resisted the police's second attempt to take the device from him and later told police the syringes belonged to friends.
Osborne has four previous convictions for driving with an illicit substance in his system from 2016.
Solicitor William Del Din said his client completed a rehabilitation program after those convictions and now worked in aged care.
"He was travelling with friends from Orange although they are no longer part of his life," he said.
Magistrate David Day said there was a degree of overlap between the offences.
"He was being a pest," he said.
He fined Osborne and set the community service, plus he handed down two 12-month community corrections orders with a requirement to complete further rehabilitation.
He has been disqualified from driving for two years.
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