WHEN Lloyd Simpson Hillard decided to sleep in his car after having an argument with his partner, he did not know he was breaking the law.
Hillard, who had a number of beers earlier in the night, decided to turn on the engine to keep warm.
As the 59-year-old was over the alcohol limit for operating a car, and his keys were in the ignition, he was committing an offence.
Hillard pleaded guilty via phone link from Western Australia of being in charge of a motor vehicle while over the general alcohol limit in the Kingaroy Magistrates Court on Monday.
Police prosecutor Sergeant Wayne Bushell said Hillard was unlucky.
He said on September 17 at 3.12am police were called to a disturbance on Frangipani Dr in Kingaroy, where they discovered Hillard sleeping in the vehicle.
"The engine was on ... and the keys were in the ignition,” Sgt Bushell said.
"While his reading was 0.096, he had no intention to drive the vehicle but we still caught out by the legislation with keys in the ignition.”
Hillard's defence lawyer Chris Campbell said he was in Kingaroy for a "jovial rekindling” with his cousin.
"He doesn't usually drink alcohol, but accepts he drank too much,” Mr Campbell said.
"The vehicle was parked in the driveway and he didn't realise it was an offence.”
Magistrate Andrew Hackett said the situation was unfortunate.
"You weren't intending to drive,” Mr Hackett said.
Hillard was fined $500 and disqualified from driving for one month.
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