A 34-year-old man from Young was convicted, fined $400 and disqualified from driving for six months and warned not to appear before court again after he tested positive to a roadside drug test.
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Patrick Colin Orr of Edwards Street, Young appeared in Young Local Court on Wednesday to face the charge of drive vehicle with an illicit drug present in his system, it was Orr’s second or more offence.
Submissions were made to Magistrate Michael O’Brien on behalf of Orr by his representative stating that Orr accepted the police facts and that Orr had plead guilty at the earliest opportunity and had attended the Driver’s Intervention Program run by the PCYC.
Orr’s solicitor submitted that he had being driving heavy vehicles for a number of years for a transport company and at the time of being caught Orr was driving one of the company’s vehicles.
According to Orr’s solicitor he was ‘propped’ up by the use of drugs to keep his work commitments.
It was submitted that on the previous occasion where Orr was charged with the same charge in 2016 the situation was similar.
In respect of his circumstances Orr’s solicitor said there is a need for his client to have a licence.
He said his client has now removed himself from the industry of truck driving, attempting to set himself up in his new vocation as a cleaner.
“This must really be the last time you come before a court, certainly for this offence. It’s been too many times,” Magistrate O’Brien said during sentencing.
“There really is no excuse if you come back again.”
According to the agreed upon police facts submitted to the court about 10.05am on Thursday November 9 2017 Orr’s Kenworth truck was stopped by police at Mackenzie Street, Young near the intersection of Milvale Road for the purpose of a random breath and drug test.
Orr’s breath test result was negative and he was then given an oral fluid test which produced a positive detection to Methamphetamine.
According to police during his interview Orr stated “I don’t know how the test had come back positive.”
There really is no excuse if you come back again.
- Magistrate Michael O'Brien