Former mayoral candidate Damian Lester pretended to be unconscious

FORMER Adelaide mayoral candidate Damian Lester faked unconsciousness to avoid an alcohol breath test, a judge has found.

FORMER Adelaide mayoral candidate Damian Lester was taken to hospital after faking unconsciousness to avoid undergoing an alcohol breath test, a Supreme Court judge has found.

Justice Tim Anderson has overturned Lester's acquittal on a charge of failing to obey police directions when he was pulled over outside the Lion Hotel in North Adelaide about 10pm on Melbourne Cup Day, 2011.

Lester, who was once known as Adelaide's "carpark king", told police he had consumed one glass of champagne five minutes earlier and said, "How about I just get a taxi and forget about this".

After refusing three requests to provide a sample of  his breath, Lester, 48, then  walked back to the front  passenger side of his  car and attempted to lock the doors before pretending to be unconscious. Justice Anderson said: "Mr Lester placed his arms behind his head and he refused to answer any questions.

"He then appeared to be unconscious, not moving with his eyes closed.

"(Lester) was carried from the pavement to the cage car, however was noticed to be lifting his feet to avoid his shoes being damaged."

A doctor at Royal Adelaide Hospital found Lester was faking because he resisted efforts to prise open his eyes.

Magistrate Simon Smart originally found Lester not guilty of the charge on the grounds police couldn't prove they had a breathalyser with them at the hospital when they requested a breath test for the second time.

But Justice Anderson overturned the acquittal after he found that Lester had disobeyed the original request by police for a breath sample when he was pulled over in North Adelaide.

Justice Anderson convicted Lester of the offence and said  he would hear submissions on penalty.

In 2009, the Federal Court ruled that companies run by Lester had deceived thousands of motorists by issuing bogus fines that resembled official Adelaide City Council tickets at his numerous city parking lots.

In December, 2006, Lester was awarded costs after being found not guilty of  charges that included assaulting and resisting police and failing to give a blood alcohol test when he was pulled over on Anzac Highway in November, 2005.