Magistrate Peter Dare SC convicted and fined a 63-year-old Grenfell man last week facing a charge of high range PCA.
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Wallace Barker of Grenfell appeared in Young Local Court after he was charged with recorded 0.158 in a breath test on November 19.
Magistrate Dare convicted Barker and ordered him to pay a $400 fine and handed down a mandatory interlock order. Barker entered a plea of guilty to his first offence of high-range PCA and had already attended the Traffic Offenders Intervention Program run through the PCYC.
Barker’s representation stated that it had been difficult for the farmer since his licence had been suspended. He said that Barker lives 50 km from Grenfell and 70 km from Young and asked for a section 10 for Barker.
“I am strongly against your section 10,” Magistrate Dare said.
Barker’s representation then asked Magistrate Dare that his client be able to keep his licence.
“When someone faces a disqualification in the country it is a lot harder than in the city,” he said.
“In the country, people must rely on their own means of getting around, especially for farmers, like my client.”
Magistrate Dare read over the references that had been given as well as the police facts and decided that he would credit Barker for the time he’d already been without his licence.
According to police about 10.50 pm on November 19 police were conducting mobile breath testing in Grenfell when Barker’s motor vehicle was directed to stop for the purpose of a mobile breath test. Police said they asked Barker if he had consumed alcohol to which he replied, “yes, way too many.”
Barker complied with police directions and conducted a breath test, returning a positive result. Police said Barker was arrested for the purpose of further breath analysis and was conveyed to Grenfell Police Station.
According to police, upon arrival at the police station Barker underwent a 15 minute observation period before he submitted to a further breath analysis, which returned a reading of 0.158 grams of alcohol in 210 litres of breath.
Barker then admitted to police he had consumed 10 middies of mid-strength beer between 7.15 pm and 10.15 pm at a private birthday party. Barker stated he had consumed some nibbles consisting of fish and meat.
Following the secondary breath test result Barker was issued a notice of suspension and a demand for surrender of his drivers licence.
