Proserpine and Bowen Magistrates Court appearances for drink-driving or drug-driving

This week’s round-up of Whitsunday drink or drug-drivers includes a self-described ‘silly boy’, a 27 year old too ‘old’ for any more trouble with drugs, and a saleswoman who quite enjoyed her New Year’s Eve ride to the police station. See the full list.

Here is your round-up of drink or drug-drivers sentenced in Whitsunday courts this week.

DRINK-DRIVERS

Joshua Robert Norris

The fourth-year apprentice was driving home from a golf competition when police busted him driving on Telia St, Proserpine with a 0.092 breath alcohol concentration.

Proserpine Magistrates Court heard Norris downed six Tooheys Extra Dry beers during the December 11, 2021 competition, in which he placed second.

Representing himself in court, Norris pleaded guilty to driving over the general alcohol limit.

He said he “should’ve got somebody to pick [him] up” and take him home to Jubilee Pocket when the competition finished about 5.15pm.

Magistrate James Morton noted Norris was ineligible for a work licence.

The sentence was a $500 fine and a three-month licence disqualification, with a conviction recorded.

Kayla Chantel Reginato

The Sunshine Coast saleswoman told Proserpine Magistrates Court she “had a great time with the police” when they took her back to the station after a random breath test on Shute Harbour Rd, Jubilee Pocket on New Year’s Eve, December 31 2021.

The court heard Reginato had a 0.081 BAC when police stopped her on her way to pick up alcohol about 8.15pm.

She pleaded guilty to driving over the general alcohol limit and attempted to explain the “weird circumstances” that led up to the bust, including an “intense” argument at her accommodation that caused her to leave suddenly, without taking her New Year’s party supplies with her.

“I wasn’t supposed to be driving at all, but I had to leave the house I was at very quick,” she said.

“I left the alcohol [at the house], and it was New Year’s.

“Later on when the person having the argument wasn’t home, I thought it could quickly go back and get it.”

The court heard Reginato had consumed alcohol during the day and finished off an eight per cent cider before getting behind the wheel.

She said the police she dealt with were “really nice” and the experience was “actually really good minus the fact I’m going to lose my licence”.

Magistrate James Morton fined Reginato $500 and disqualified her licence for two months.

At her request, he agreed not to record a conviction as it could thwart her plans to travel to Canada.

Before departing, Reginato told Mr Morton about her job selling transportable sheds and said if he “ever need[ed] a discounted quote”, to give her a call.

Craig Andrew Spencer

The 52-year-old Cannonvale concreter downed two scotches and two beers over a four-hour period before police noticed him “following another vehicle closely” on Shute Harbour Rd, Jubilee Pocket on November 30, 2021.

Proserpine Magistrates Court heard a roadside breath test and pat-down search about 7.25pm revealed he had a 0.065 BAC and 2.2 grams of marijuana in his pants pocket.

Spencer pleaded guilty to driving over the general alcohol limit and possessing dangerous drugs.

Defence lawyer Rosemary Varley told the court her client regularly worked between Mackay and Bowen and “out west” and required his own transport to do so.

Ms Varley said Spencer was in danger of losing his job at least for the duration of the disqualification period.

Of the marijuana found in the search, which had been concealed in a cigarette packet, Spencer told the court he had “found it at the skate park” earlier that day and “was going to dispose of it” but also said he “had a really bad neck injury and bad back pain”.

Magistrate James Morton regarded that explanation as “a bit wishy washy”.

He noted Spencer was not eligible for a work licence.

The sentence was a $650 fine and a two-month licence disqualification, with convictions recorded.

Laura Anna Walter

The 30-year-old Tieri kitchen hand blew 0.057 in a breath test on Shute Harbour Rd, Airlie Beach on January 30, 2022.

Proserpine Magistrates Court heard she consumed two self-poured glasses of white wine and a vodka soda at Hush Bar before driving a friend home from work about 11.35pm.

Walter pleaded guilty to driving over the general alcohol limit.

Magistrate James Morton fined her $350 and disqualified her licence for one month, with a conviction recorded.

DRUG-DRIVERS

Scott Anthony Mills

Members of the public reported the 45-year-old Peak Downs mine operator to police on August 21, 2021 believing him to be driving under the influence of drugs, and a subsequent test revealed he had meth and marijuana in his system.

Proserpine Magistrates Court heard police pulled Mills over on Shute Harbour Rd, Cannonvale about 5.45pm and he told them he had consumed a point of meth the previous morning.

Representing himself in court, Mills pleaded guilty to driving a motor vehicle while a relevant drug is present in blood or saliva.

He told the court he “did take meth the day prior” but had “not touched cannabis for a long time” and had “thought [he] was all right to drive”.

He said he understood marijuana could stay in one’s system for a long time as he had previously been kicked off a mine site after the drug had shown up in a test by his then-employer several months after he had used it.

Mills told the court he was the father of two teenage children who lived interstate and who he had not seen or spoken to for about three years because of tensions with his former wife.

He described himself as having had “a rough trot” including recently having his car stolen.

Magistrate James Morton told Mills to “get back on the wagon” and not turn his back on being a father.

“Don’t give up – you’ve given up by taking drugs and it hasn’t done you any good,” Mr Morton said.

The sentence was a $500 fine and a two-month licence disqualification, with a conviction recorded.

Jack Maurice Kennedy

The Midge Point landscaper described himself as “a silly boy” after being busted with meth and marijuana in his system on Bargara Rd, Rubyanna on December 1, 2021.

Proserpine Magistrates Court heard Kennedy admitted to recent drug use after a roadside test about 11.40am returned a positive result.

Representing himself in court, Kennedy pleaded guilty to driving a motor vehicle while a relevant drug is present in blood or saliva.

He told the court he suspected police had pulled him over because of the car he was driving – which was registered in his brother’s name.

He said he had recently relocated to the Whitsundays from Bundaberg, where he had done farming work.

Magistrate James Morton noted Kennedy’s criminal history was “pretty bad” and warned him not to get involved with the “shady characters” living in his new neighbourhood.

The sentence was a $500 fine and a two-month licence disqualification, with a conviction recorded.

Casey Norder

Magistrate James Morton remarked “we must have had a good batch of drugs coming through town” as Norder joined the list of Whitsunday residents pleading guilty at Proserpine on Monday to driving a motor vehicle while a relevant drug is present in blood or saliva.

The court heard Norder, 18, was on a provisional licence when police pulled him over on Shute Harbour Rd, Cannonvale about 8.30pm on November 20, 2021, and he tested positive for illicit drugs.

The cruise ship porter at the time denied consuming drugs in the 48 hours before the test, but in court admitted he had “had quite a big night the night before” of which he had limited recollection.

“At some stage I’m guessing I obviously consumed some cannabis if the test has come back positive”, he said.

Magistrate James Morton told Norder “you’ve got to watch who you hang around with, even if you don’t smoke it [marijuana]”.

The sentence was a $500 fine and a three-month licence disqualification, with a conviction recorded.

Salah Ali

The Brisbane-based businessman had his Mercedes Benz stopped in the middle of Shute Harbour Rd, Airlie Beach on November 28, 2021, when he came to the attention of police.

Proserpine Magistrates Court heard a roadside drug test about 3am returned a positive result and subsequent analysis confirmed Ali had marijuana in his system.

The court heard the 33 year old admitted to police at the time he had smoked “a small joint” the previous day.

He pleaded guilty to driving a motor vehicle while a relevant drug is present in blood or saliva.

Ali told the court he owned his own business wholesaling tobacco accessories and had visited the Whitsundays on a work trip.

He said he needed his licence for travel as he planned to expand his business to Townsville.

Magistrate James Morton fined him $350 and disqualified his licence for one month, with a conviction recorded.

Ty Jake Tombs

The underground coal miner assured Proserpine Magistrates Court his August 2021 drug-driving bust on Shute Harbour Rd, Cannonvale was a “little hiccup” that would not get in the way of turning his life around after a troubled youth.

The court heard Tombs, 27, had marijuana in his system at the time of the roadside drug test, about 8.50pm on August 7 but denied having consumed illicit drugs.

On Monday he pleaded guilty to driving a motor vehicle while a relevant drug is present in blood or saliva and explained the background to the offending, including previous stints in rehab.

Tombs told the court he had relocated to the Whitsundays from Brisbane about a year ago for a maintenance job on Hamilton Island and made a lot of progress since, including securing a high-paid job at an Anglo American coal mine and paying off a large chunk of his SPER debt.

He said he had “way too much to lose” by reoffending and he would “really like this to be the last speed bump in [his] life”.

“I come from a broken home, I come from drugs, I've been on mental health programs, I've been in rehab,” he said.

“I'm really trying to change my ways, because we’re getting old.”

Magistrate James Morton fined Tombs $400 and disqualified his licence for one month, with a conviction recorded.

Cook John Saylor

The 44-year-old unemployed former farm worker had marijuana in his system when police caught him driving into Bowen without a licence on December 2, 2021.

Bowen Magistrates Court heard Saylor admitted to police who stopped him on the Bruce Highway about 2.20pm he did not have a licence and checks confirmed a learner’s licence he had previously held had expired in 1999.

He told police he had smoked marijuana the previous day and this week pleaded guilty to driving a motor vehicle while a relevant drug is present in blood or saliva and driving without a licence.

Saylor told the court he had lost his job on a local chilli farm when it was sold at the end of 2021.

He said he had recently taken up a job offer to mow lawns in town but was yet to start.

Magistrate James Morton fined Saylor $850 and disqualified him from holding or obtaining a licence for four months, with convictions recorded.

Correction: Article “Proserpine and Bowen Magistrates Court appearances for drink-driving or drug-driving” (11/02/2022) erroneously included a photo of Stephen McDonald. We would like to make it clear that Mr McDonald has not been charged with driving over the general alcohol limit. We sincerely apologise to Mr McDonald for this error.