Andrew Carr refused breath test after crashing into building in Orange

Andrew Lesley Carr, 39, of Tumulla Place, Blayney, was driving east on Matthews Avenue about 5.45pm on May 18 when he continued onto the wrong side of the road through the Peisley Street intersection.

Carr crashed his ute into the side of a building belonging to a sand and gravel supplier. Two workers who heard a loud bang from the crash saw Carr's ute up against the side of the building and rushed to check on the driver.

However, when they saw him attempting to put the ute into reverse, they parked a front loader behind him boxing the vehicle in while they phoned the police.

Carr was climbing out of the car when police arrived.

The workers showed the police CCTV of the crash which showed the vehicle driving through the gates of the business at low speed.

While talking with police, Carr appeared to be intoxicated.

According to police, Carr denied he was the driver and said he was set up, he was argumentative, his face was flushed, his speech was slurred and drawn out and he was unsteady while standing up.

He repeatedly refused to be breath tested and he refused a breath analysis at Orange Police Station.

Solicitor Lucien Gration said Carr now understood that refusal to submit to a breath analysis is treated the same as high-range drink driving.

"He says he wished he had just blown into it now that he reflects back on it," Mr Gration said.

Police suspended Carr's driver's licence as a result of that offence.

However, he was arrested for drink-driving again in Parkes on October 9 after drinking beer while travelling between Blayney and Parkes.

He said he drank six long neck bottles of beer between 5pm and 11pm.

According to information presented in Orange Local Court, police received a call about a drunk driver in Cecil Street, Parkes, about 11.30pm on October 8.

When they arrived Carr was attempting to change a flat tyre on a Volkswagon ute. However, Carr told the police a friend of his was driving but had left after an argument.

Police left him to search for the friend but could not find anyone and returned to find Carr still struggling to change the tyre.

Some bystanders helped him with the tyre. The police parked nearby and stopped him for a breath test not long after he resumed driving.

He was arrested and taken to Parkes Police Station where he underwent breath analysis at 2.30am and returned a low range reading of 0.079.

Carr was still in police custody when he was found in possession of 3.38 grams of cannabis and a cigarette lighter at 8.30am. A check of CCTV captured him eating some of the cannabis during the night "because I couldn't smoke it".

Magistrate David Day sentenced Carr in Orange Local Court and convicted him of drug possession, possession of equipment to administer drugs and self administer drugs but did not give him a further penalty.

However, Mr Day gave Carr a seven-month community-based custodial sentence with 50 hours of community service, a four month driving disqualification and a 48-month interlock period for refusing the breath analysis. The sentence took into account the five-month driving suspension issued by police.

He also gave car two $330 fines and three-month driving disqualifications, as well as a 12-month interlock order for low-range drink-driving and driving while his licence was suspended.