A man who police couldn’t breathalyse because he had driven into his driveway after coming under police notice is appealing the severity of a six-month licence disqualification in Orange Local Court for driving under the influence of alcohol. Anthony Boland, 40, of Paling Street was driving towards his home from Icely Road near Canobolas Rural Technology High School at 11.40pm on June 24 when a police vehicle driving in the opposite direction did a U-turn and followed his vehicle until he pulled into his driveway. Police followed Boland in a marked police car saying he travelled at about 40km/h as he drove to his home in Paling Street. After he got out of his vehicle in the driveway police submitted Boland to a sobriety test, which involved walking and a number of other tasks.
In facts submitted to the court Boland admitted he had consumed between eight and nine schooners and cans of Tooheys New beer between 5.30pm and 11.30pm, first at the Gladstone Hotel and later at a friend,s house on Icely Road.The facts also stated Boland showed some difficulty in completing the sobriety test.Police said Boland was polite and co-operative after being asked to submit to a sobriety test and admitted to police he was moderately intoxicated. He was convicted of the charge of driving under the influence of drugs or alcohol and had his licence suspended for six months.
Magistrate Terry Lucas also imposed a fine of $800 with court costs of $81.
However, Boland’s solicitor Kim Rickards lodged an appeal on behalf of his client against the severity of the sentence.
Boland’s licence was returned to him while he awaits his appeal to be heard in the November sitting of the District Court.
Source: Central Western District 12.9.2011
