Man refuses breath test in own backyard
A MURGON man who was in a vehicle in his own backyard after drinking has been fined.
Andrew Kleis pleaded guilty to two charges in Kingaroy Magistrates Court on April 15.
Police prosecutor Barry Stevens said neighbours had called police at 1.30pm on March 30.
The officers went to the Jeffery St address and found the man revving the engine of the vehicle in the yard.
The court heard the officers had given him a roadside direction to give a breath analysis.
He refused and was subsequently taken back to the station.
"Drink driving can occur in 'elsewhere,' it can be in a yard, and that's where he was caught,” Sgt Stevens said.
Defence lawyer Chris Campbell said on the day the neighbours were concerned he would drive after drinking, despite the gate of the backyard being closed.
"He wasn't going to do anything sinister,” he said.
"He was simply warming up the engine to prep for work.”
Mr Campbell said the 43-year-old man consumed an average of three bottles a day.
"He is to make his way to Brisbane to engage in a six-month rehabilitation program to address the alcohol abuse,” he said.
Magistrate Louisa Pink said she took the rehab booking into account.
Kleis was fined $400 for failing to provide a specimen of breath for analysis.
The defendant was also fined $500 for the second charge of failing to provide a specimen on requirement.
His licence was disqualified for six months.