Police stopped a woman on the Peak Downs Hwy and she returned a positive reading for drug-driving.
Police stopped a woman on the Peak Downs Hwy and she returned a positive reading for drug-driving.

P-plater’s licence suspended for 12 months in error

A P-PLATER, who had a cocktail of drugs in her system, has been without her licence for almost 12 months after a Transport Department stuff-up.

Chloe Marie Bailey's licence was suspended after she was stopped on September 3 last year on the Peak Downs Hwy at Alexandra.

Checks revealed she had methylamphetamines and amphetamines in her system.

Magistrate Damien Dwyer labelled the situation a "high degree of extra curial punishment" and said "it was a mistake on behalf of the state".

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Solicitor Antoinette Morton, or Fisher Dore Lawyers, suggested a way to reflect the length period of disqualification already served would be "to absolutely discharge" her client.

"I'm not going to do that because it's drugs, and she's got a history of drugs," Mr Dwyer said.

Mackay Magistrates Court heard this was Bailey's fifth entry for drugs.

The 20 year old pleaded guilty to drug-driving as well as two separated instances of drug possession in April and June - both related to methylamphetamines.

The court heard on the later date Bailey had two clip seal bags, weighing 0.522 and 0.815 grams stashed in her bra.

Ms Morton said her client, who lived alone in Mackay, was currently unemployed but had been working as a coal technician until April when she lost her job because of COVID-19, suggested probation and pushed for "one further opportunity" for no convictions to be recorded.

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"I'm not going to consider probation, she's had 12 months," Mr Dwyer said.

"If she wanted to do something about her rehabilitation, she should have done it in the 12 months.

"I'm not going to waste anybody's time, she's not fair dinkum."

The court heard Bailey was seeking help from Mackay mental health, but no report was tendered.

"You have a long drug history, you come back again and I'm reasonably confident convictions will be recorded," Mr Dwyer said.

In relation to her lengthy licence suspension, Mr Dwyer said, "Unfortunately for you, you were told something by a government department, which you followed and it was wrong.

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"And as a consequence of that you've already served a 12-month disqualification when you shouldn't have had any."

For the drug-driving charge, Bailey had to be disqualified for a further three months, which is the minimum period.

She was also fined $600 and was offered "one last chance" for convictions not to be recorded.


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