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Former road safety boss Benjamin Tuffnell fined for drink driving – but police drop charges of assault

A man behind a campaign to stop drink driving has been fined for doing just that – but was given a reprieve over his acts towards the police who arrested him.

Drink driving: A guide to safe drinking

Former road safety boss Benjamin Tuffnell has been fined for drink driving – but has escaped a conviction for belligerent behaviour toward SA Police that he himself has described as “horrifying”.

In the Adelaide Magistrates Court on Thursday, Tuffnell, 46, pleaded guilty to drink driving, disobeying police and resisting police in relation to an incident in the city on July 17 this year.

Because of his pleas, SA Police dropped charges the former Motor Accident Commission boss had assaulted the officers, one of whom was a probationary constable, who arrested him.

Police prosecutors told the court Tuffnell had attended an official function for Tourism SA - the department at which he was working at the time - on the night of the incident.

He dropped a friend, Cecilia Schutz, at her car before being spotted on Gawler Place at 11.30pm by police, who conducted a blood-alcohol test.

Benjamin Tuffnell outside the Adelaide Magistrates Court after his conviction and fine for drink driving. Picture: Sean Fewster.
Benjamin Tuffnell outside the Adelaide Magistrates Court after his conviction and fine for drink driving. Picture: Sean Fewster.

Tuffnell, described by the officers as “belligerent and disrespectful”, blew 0.097 but insisted he had done nothing wrong because “the ignition was off” and his keys were “in the centre console”.

Prosecutors said Tuffnell was asked to get out of his car, and given “ample time” to do so, but he refused and had to be pulled from the vehicle.

As he was being removed, Tuffnell’s foot “connected” with one officer’s thigh and he resisted being handcuffed, then kicked the cage car’s door which hit an officer in the wrist and leg.

He blew 0.097 and was issued with an immediate six-month licence disqualification, and spent 2 1/2 hours in custody before he was bailed.

Ben Sale, for Tuffnell, asked his client be spared convictions for resisting arrest and refusing to obey police directions.

He said it would make it difficult for him to move to the US alongside his wife – who works in the mining industry – and their children should she choose to take a job there.

“He has viewed footage from the chest-mounted cameras both officers wore and is quite affected by that … he was horrified when he watched it,” he said.

“He’s heartily ashamed … he has written an apology to both officers and expressed his deep remorse to them … their behaviour was impeccable, this was entirely his fault.

“He has instructed me to offer no excuses for his behaviour – he was caught, and he behaved badly.”

Ben Tuffnell in 2009, promoting the “Don’t take the Car” road safety campaign with the Motor Accident Commission and SA Police Superintendent Mark Fairney.
Ben Tuffnell in 2009, promoting the “Don’t take the Car” road safety campaign with the Motor Accident Commission and SA Police Superintendent Mark Fairney.

The state’s chief magistrate, Judge Mary-Louise Hribal, agreed to record no conviction for those offences but did convict Tuffnell of drink-driving, and fined him $900.

She ordered his licence be disqualified for a further two months and two days.

Tuffnell declined to comment outside court.

Original URL: https://www.adelaidenow.com.au/news/law-order/former-road-safety-boss-benjamin-tuffnell-fined-for-drink-driving-but-police-drop-charges-of-assault/news-story/9b4a62d3452b5ba3d8ce5ac0e8b0d905