Latest round of drink or drug drivers who faced Chinchilla Magistrates Court
The latest round of drink or drug drivers who landed in front of the Chinchilla magistrate for their offending have been revealed. See the full list.
Police & Courts
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The latest round of drink or drug drivers busted for their booze and drug-fuelled offending have been revealed.
Defendants who pleaded guilty in Chinchilla Magistrates Court for either drink or drug driving charges for the month of September have been listed below.
Conviction recorded
A man with a “blatant disregard” for the court has added more offences to his eight page traffic history after appearing in front of the magistrate.
Robert Alexander Nisbet, 39, pleaded guilty in Chinchilla Magistrates Court to driving under the influence of liquor, speeding and driving with a court disqualified licence.
Police prosecutor Mathew Donnelly said on September 2 police intercepted a dual cab utility on the Warrego Highway, Warra for speeding 111km/h in a 100km/h zone.
Police checks revealed Nisbet was driving without a licence after being disqualified by the court less than a month ago in August 2023.
Officers administered a breath test after he admitted to drinking alcohol earlier, which came back positive.
Nisbet was transported back to the police station for further analysis with official breath test results showing an alcohol concentration reading of 0.171.
Defence lawyer Michael Dominic Bond said his client never thought he had a problem with alcohol but now realises he does.
Mr Bond says Nisbet was looking to go to counselling to deal with his drinking problems.
Acting magistrate Michael Bice said Nisbet was lucky to not be given a term of imprisonment.
“I note you had a drink driving charge in August, which was the one month disqualification you got, then you drove in September which shows total disregard for that court order,” Mr Bice said.
“You’re really lucky you’re not looking at a term of imprisonment today.
“I note that you have five previous’ disqualified driving, I can tell you now if you get one more disqualified or drink driving you’ll be getting actual time.”
For all three offences, Nisbet was fined a combined $2109 referred to SPER and handed a two year and 10 month driving disqualification.
All convictions were recorded.
•
A repeat drug driver was back in front of the magistrate after being busted driving with meth in her system and without a licence.
Michelle June Swindle pleaded guilty in Chinchilla Magistrates Court to drug driving and driving unlicensed.
Police prosecutor Chris Hutchins said on May 20 Swindle was intercepted by police for a licence check and roadside drug test.
Police checks revealed Swindle’s drivers licence hadn’t been renewed after she was previously suspended for three months for a prior like offence.
“She was disqualified in February until May 1, a period of three months, then she never renewed her licence which is not uncommon.”
A drug certificate indicating the presence of methamphetamine was issued.
Acting magistrate Gary Finger asked if Swindle had anything to say for herself, which simply replied with “no”.
“What do you have to say for yourself? It’s not your first rodeo here for this sort of stuff?” the magistrate asked
“What don’t you understand about drug driving and unlicensed driving?”
Swindle was fined $700 and disqualified from driving for six months for the unlicensed driving charge and fined $800 and disqualified from driving for five months for the drug driving charge - in total a 11 month driving ban.
Convictions were recorded.
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A man with a “limited history” has fronted court for smoking weed days before jumping behind the wheel.
Joshua David Willsher pleaded guilty in Chinchilla Magistrates Court to drug driving.
Police prosecutor Mathew Donnelly said on June 9 police intercepted a Mazda on Chinchilla St, Chinchilla for a roadside alcohol and drug test.
While the alcohol test came back negative, he tested positive for drugs.
The court was told Willsher admitted to police he smoked cannabis earlier in the week.
Willsher was detained for further analysis and a drug certificate was issued, confirming the presence of cannabis.
Acting magistrate Michael Bice handed him a $300 fine referred to SPER and a mandatory one month driving disqualification.
A conviction was recorded.
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An 18-year-old sawmill worker busted drug driving for the second time in less than a year has told a court he was being “stupid”.
Cody Bjay Mackey pleaded guilty in Chinchilla Magistrates Court to drug driving.
Police prosecutor Chris Hutchins said on July 29 police intercepted Mackey’s vehicle for a drug test.
The court was told the P-plater tested positive for cannabis.
“The defendant is 18 years old which is scary when you look at his history,” Mr Hutchins said.
“Luckily for him for the second in time (drug driving) it doesn’t escalate. One is three months, two is three months, but if you’re on a probationary licence it’s not until you have two priors you go to the six months.
“So he’s only subject to three months (minimum), but if he comes back again it will start at the six months.
“Perhaps it’s worth pointing out to him… police are going to know what his car looks like.
“If he thinks he’s not on the radar, he’s well and truly on the radar now.”
Acting magistrate Gary Finger asked Mackey if he had anything to say for his behaviour, which he replied with “nothing really, just stupid”.
Mackey explained he takes cannabis for his depression and to help him sleep.
“You shouldn’t be smoking pot anyways,” the magistrate said.
“Go and see the doctor and get medicinal cannabis, you can’t keep coming back here.
“This is your second time here for this offence in the adult jurisdiction.”
Mackey was fined $800 and disqualified from driving for five months.
A conviction was recorded.
No conviction recorded
A soldier with a 20 year military career which included trips to Iraq, Afghanistan and East Timor landed in court for high range drink driving.
Tavis Gerald Smith pleaded guilty in Chinchilla Magistrates Court to driving under the influence of alcohol.
Police prosecutor Chris Hutchins said on July 29 at about 2.25am police located Smith in the driver’s seat of a blue Toyota HiLux.
Following a positive roadside breath test, Smith was taken back to the police station where further testing revealed a blood alcohol concentration of 0.180.
“There’s speeding tickets predominantly on his history,” Mr Hutchins said.
“No real priors, is 40 years of age, no doubt a fine is appropriate but the suspension perhaps is what is so crushing for him out in the region.”
Defence lawyer Andrew Wiseman said his client had a “solid upbringing” and has already spent five weeks off the road after police immediately took away his licence.
Mr Wiseman said Smith joined the Australian Army straight after finishing school and was currently on six months long service leave.
“He stopped at the pub after work for what he thought was going to be a quick drink, one led to another and several hours passed,” Mr Wiseman said.
“He can’t explain why he did what he did, but he’s just devastated when the reality of his mistake was upon him.
“It’s out of character and that’s evidenced by his lack of history.”
Mr Wiseman asked for the magistrate to not record a conviction, particularly given his military service to the country.
“I’ve taken into account your service to your country that goes to your credit, I take into account you’ve been off the road since 29 July,” Acting magistrate Gary Finger.
“You have a very limited history for drink driving, but you need to slow down, that’s for sure.”
Smith was fined $1500 referred to SPER and disqualified from driving for the minimum six months period.
No conviction was recorded.