Driver refuses RBT, kicks police, eventually blows 0
A driver who kicked and pushed police and told them they were breaching his civil rights for asking him to do a random breath test ended up blowing zero.
Police prosecutor Phillip Stephens told Caloundra Magistrates Court police were conducting patrols on February 23 in Biloela.
They saw Nathan John Roles, 45, pull in the BWS bottle shop on Dawson Hwy.
The court heard police waited for Roles to leave the bottle shop and activated their sirens to let him know they were attempting to intercept him.
Roles drove down Dawson Hwy and stopped in front of a large shed.
"Police observed the driver exit the vehicle and walk away from police," Sergeant Stephens said.
"Police informed him he was stopped for a breath test.
"He became argumentative, combative, saying they could not perform a breath test as he was on private property.
"He stated such things as they were in breach of his civil rights."
The court heard Roles refused to be breathalysed multiple times and walked away.
Police then told Roles he was under arrest.
"When police attempted to handcuff the defendant, a physical altercation ensued," Sgt Stephens said.
"The defendant has pushed a police officer in the chest, causing him to move backwards."
The court heard that Roles was then placed in the police car.
"The defendant has kicked out at police and hit an officer in the arm, clearly leaving a boot imprint," Sgt Stephens said.
He said Roles was then taken to the watch house where he agreed to a breath test.
He returned a reading of zero.
Roles pleaded guilty on Wednesday to three charges including assault and obstruct police and failing to provide a specimen of breath.
The court heard Roles was regretful for his actions and it was out of character.
Magistrate Haydn Stjernqvist said it was always going to go nowhere when Roles said police were breaching his civil rights.
He fined Roles $1100.
A conviction was recorded for the traffic matter but not the assault and obstruct police.