‘Obstinate’: Drink driver cops extra fines after filming and kicking at police during traffic stop
A car lover and aspiring mechanic who threw abuse and kicks at police during a traffic stop has copped extra fines and won’t be driving for a while after pleading guilty to four charges in Cairns Magistrates Court.
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A car enthusiast and mechanical trades assistant has copped fines of $1800 and a seven-month licence disqualification after he filmed the police who stopped him for a breath test, demanded their names, then launched kicks and abuse towards them.
Morgan James Mitchell Wenck, 24, pleaded guilty in Cairns Magistrates Court to four charges of obstruct police, assault police, driving over the general alcohol limit, and driving while suspended in May in Cairns this year.
Magistrate Scott Luxton repeatedly labelled Wenck’s behaviour as “obstinate”, saying he was lucky the kicks towards the police did not connect.
“Quite simply, that attitude of obstinance is a feature of all of these offences, and you will pay a significant price, not only in terms of fines, but also in terms of a licence disqualification,” Mr Luxton said.
Police prosecutor Shaquille Chong said Wenck complied with a police request to get out of his car about 3.30am in Cairns City on May 11, but he refused to hand over his keys and wallet, which police said they needed for safety reasons.
“He moved his mobile phone up in front of his chest (filming) and he demanded they introduce themselves again, saying, ‘What’s your name?’. Police had already introduced themselves with name, rank and station,” Ms Chong said.
“A pat-down search was conducted … and the defendant told the police not to touch him in ‘a gay way’ and called the police ‘c--ts’.”
Ms Chong said Wenck clamped his legs together, then kicked out hard towards the constables, but the kick did not connect.
Wenck had a blood alcohol reading of .09, and was later filmed on CCTV returning to his car and driving away.
Defence solicitor Jacqueline O’Reilly said Wenck had health difficulties and had misjudged his alcohol consumption that night.
She said he loved cars, working variously as a car salesman, apprentice mechanic, and beginning a mechanical engineering degree, before securing a job as a mechanical trades assistant.
“His love of cars and mechanics continued and he’s been buying old cars to recondition and sell,” Ms O’Reilly told the court.
“His previous history demonstrates that he has not yet developed a healthy respect for the road rules and even though he has been faced with periods of suspension before, he’s come to realise he is going to be off the road for some time.”
Mr Luxton said he accepted the obstruct and assault offences were out of character.
He did not record convictions against Wenck, fining him $600 for the obstruct and assault police offences combined, $500 for the drink driving and a further $700 fine and for driving while suspended.
He imposed cumulative disqualifications of one month for the drink drive and six months for driving while suspended.
“Had you complied with police with respect to initially being pulled over, it would have been a relatively straightforward matter. It’s your behaviour after the police pulled you over that sees these additional punishments imposed upon you,” Mr Luxton said.
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Originally published as ‘Obstinate’: Drink driver cops extra fines after filming and kicking at police during traffic stop
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