Benedict Lee Zubin had just enjoyed a skinny dip with friends when he failed to give a sample of breath to police on February 19. Picture: Laura Pettigrew.
Benedict Lee Zubin had just enjoyed a skinny dip with friends when he failed to give a sample of breath to police on February 19. Picture: Laura Pettigrew.

Skinny dipper in deep after refusing police request

A skinny dip session with friends went horribly wrong for a young man who was fined after a bad decision.

Benedict Lee Zubin had just returned from a skinny dip with friends when police found him and eight other people in a Kia campervan parked in a Noosa Beach car park on February 19.

Police prosecutor Alison Johnstone said the car's headlights were initially on, but were turned off when officers drove past.

Zubin, a seasonal hospitality worker, was in the driver's seat.

He told police he had been drinking but had no intentions of driving.

Sergeant Johnstone said an occupant of the car said the group had been skinny dipping for 30 minutes and police suspected Zubin was about to drive when they arrived.

They asked him to take part in a breath test but Zubin refused.

He was taken to Noosa Police Station where he again refused to give a sample of breath.

Sergeant Johnstone said the 34-year-old was warned about the seriousness of his actions many times.

"He continually reiterated it was a waste of time as he just would not provide a specimen," she said.

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Zubin pleaded guilty in Noosa Magistrates Court on Tuesday to one count of failing to provide a specimen of breath for analysis and one of failing to provide a specimen required of breath for breath test.

Zubin told the court the van had been parked at the beach while he was staying at the Nomads Hostel, which he said had no parking.

He said he didn't have the car keys and had no intentions of driving.

"That night we all walked down … we did go down there skinny dipping in the beach and we were all just hanging out at the time of the police coming," he said.

Zubin said it was a bad decision to not give a sample.

"I didn't know about the seriousness of not providing a sample and in hindsight I wish I had of because I was quite possibly under the limit," he said.

"I just didn't think should have because I had no intentions of driving, I wasn't driving anywhere we were stationed in the carpark."

He told the court he lived in the campervan and would be homeless and unable to find a job without a licence.

Magistrate Christopher Callaghan said Zubin hadn't agreed police may have suspected he was going to drive and rejected his guilty plea before the 34-year-old changed his mind and said he would accept their suspicions.

Mr Callaghan said failing to do a breath test meant Zubin was deemed to have been driving under the influence or while in charge of the car.

He fined Zubin $800 and disqualified him from driving for eight months

No conviction was recorded.


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