Man refused to be arrested
A news article from NSW led a man to believe he couldn't be arrested when police came onto his private property
Whitsunday
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A MAN who refused to be arrested said he got his information regarding his rights from a newspaper article he'd read.
Iyas Z Shaheen, 52, had already pulled the car he was driving into the driveway of his Mandalay home on July 22, when police approached him and requested he do a random breath test.
Police prosecutor Sergeant Emma Myors told Proserpine Magistrates Court, Shaheen became argumentative with police and told officers they had "no right to be on his property".
"Police informed him he was detained but he continued to say they had no right to be there at his property," Sgt Myors said.
"He initially refused to answer any police questions and said it was private property and that he did not drive the vehicle."
Shaheen pleaded guilty in Proserpine Magistrates Court this week to drink driving and obstructing a police officer.
Solicitor Eilidh McCallum said Shaheen had been misinformed by an incorrect news article he'd read, and his actions were a reflection of that information.
Magistrate James Morton reminded Shaheen that police have the authority to arrest him for drink driving.
"Whatever you've read in the article, it was from New South Wales, it's misguided," Mr Morton said.
"You didn't have the right to do what you did, to drink and drive."
Shaheen was fined $150 for obstructing a police officer with no conviction recorded.
For drink driving he was fined $800 and disqualified from driving for 10 months and a conviction was recorded.