Drink driver admits to drug use, not drug tested

A magistrate expressed her surprise police did not test a drink driver for drugs in his system after he admitted to smoking drugs the night prior to intercept.

A magistrate expressed her surprise police did not test a drink driver for drugs in his system after he admitted to smoking drugs the night before being intercepted.

Joshua Minton, 29, pleaded guilty on July 15 in Rockhampton Magistrates Court to one count of drink driving, one of possessing a dangerous drug and one of possessing a drug utensil.

Police prosecutor Courtney Brown said police intercepted Minton driving a Subaru Liberty on Feez Street, Norman Gardens, on June 18 at 10.20am.

She said Minton told police he had given someone a lift after drinking 12 full strength beers and two Jack Daniels the night before, finishing his last drink at 2am.

Ms Brown said Minton had a blood-alcohol content reading of .075.

She said police searched Minton’s vehicle, finding four grams of marijuana in a suitcase in the boot, along with two homemade bongs.

Ms Brown said Minton told police he had smoked marijuana the night before.

Magistrate Philippa Beckinsale asked if Minton had been tested for drugs in his system given his admission of drug use.

Ms Brown said no.

“I’m surprised they didn’t test him,” Ms Beckinsale said.

Defence lawyer Allan Grant said Minton worked a 10-day on, four-day off roster and did not require his driver’s licence for work.

He said his client used marijuana occasionally, when he was out partying.

Ms Beckinsale disqualified Minton from driving for one month and ordered him to pay $1100 in fines. Convictions for the traffic offences were the only ones recorded after Mr Grant argued his client was working on government projects in Shoalwater and criminal convictions could impact that.