A SUNSHINE Coast driver has gone viral after posting a video to Youtube where he fights the law and appears to win. 

In the video a man identified as "Mr Summers" refuses to take a breath test, throwing all manner of arguments at a clearly frustrated police officer. 

"Am I under arrest or am I free to go?" Summers asks the officer repeatedly as he attempts to tell him he has been stopped for the purpose of a road side breath test, 

After a heated discussion about the validity of the Transport Operations (Road Use Management) Act the driver continues to argue the point. 

"Really? You're going to be serious about this? You're going to play this game? You're going to arrest me when I've broken no law, I've done nothing wrong," Summers says. 

The police officer appears to back down in the video saying: ""Mr Summers, we'll be seeing you later on. Have a nice day."

However that's not the full story with police now confirming they did indeed see the man later. 

"Police stopped a driver on Elm Street Cooroy at about 5pm on November 10," a police spokesman said today.  

"The driver failed to supply a specimen of breath.

"On November 14 police served a 33-year-old Pomona man with a notice to appear for failing to supply a specimen of breath and he is expected to appear at the Noosa Magistrates Court on December 13."


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