Logan footballer faces court after trying to run from breath test

A South East Queensland football player who blew four times the legal limit claims he “felt like George Floyd” after being tackled and held down by police when he refused a breath test, a court has heard.

Joshua John Johnston outside Beenleigh Magistrates Court.

A Logan football player claims felt like George Floyd, the US man killed by police in a widely-publicised arrest, after trying to run from officers when four times over the legal driving alcohol limit, a court has heard.

The lawyer for Mount Warren Park’s Joshua John Johnston, 33, made the extraordinary statement in Beenleigh Magistrates Court, where Johnston was sentenced.

The court heard Johnston was pulled over for a roadside breath test by police on a highway at Eagleby on December 14 last year.

He then obstructed police and refused to have his breath reading taken.

“Police requested his licence however he was unable to produce his,” police prosecutor Tahlia Boettcher said.

“He had glassy eyes, a slow response and smelt of liquor.”

The court heard Johnston failed to blow on the straw of the reader four times before he attempted to obstruct police.

“Police saw him reach for the gear stick, they reached in through the vehicle and took the (car) key,” Ms Boettcher said.

“He then held the police officer’s hand and said ‘don’t be that guy’.

“He was instructed to let go of the police officer.

“He attempted to flee on foot and became invoked in a struggle with police, attempting to flee.

“A member of the public assisted in detaining the defendant to the ground.”

Joshua John Johnston outside Beenleigh Magistrates Court.

Johnston was taken to Beenleigh police station, where he returned a breath analysis reading of 0.0205 per cent.

He admitted to drinking six beers before driving home from work, the court was told.

The court also heard he had not held a licence since 2014.

Johnston was caught driving on November 2 last year at Main Beach on SeaWorld Drive after his licence had been suspended because of his State Penalties Enforcement Registry (SPER) debt.

His lawyer said Johnston, who pleaded guilty to obstructing police, driving under the influence and driving while SPER suspended, was remorseful for his actions.

“He and his partner were in a rough patch of their relationship, there was an argument and he wanted to get away and so he made the decision to drive away,” Mr Anderson said.

“He instructs that he did blow into the machine and at the time he thought he was doing the right thing.

“My client cannot believe that he did that.

“It’s not in his nature, you observed his history, he does not have a violent history.

“He was on the ground with a police officer over him and at the time the whole George Floyd incident was going through his head and he thought he’d end up the same way.”

Joshua John Johnston outside Beenleigh Magistrates Court.

Mr Anderson said his client was heavily involved in the community.

“He plays for a rugby league club in Beenleigh,” he said.

“He has played football since he was seven, he played all the way up till last year when he had his injury.

“He is a real member of the Beenleigh community.

“He has also voluntarily engaged in the Lives Lived Well Program.”

Acting Magistrate Rob Turra said Johnston’s actions were reckless.

“It was quite a serious set of events where you were very intoxicated,” Mr Turra said.

“That’s quite a high reading of 0.2 and your actions were not certainly within your control.

“Obstructing police and taking steps, it seems, to get away from police although it was inevitably quite impossible.

“It’s aggravating because you shouldn’t have been driving in any case, you were SPER suspended.

“You were a danger to yourself and others that day.”

Johnston was ordered to complete 80 hours of community service within 12 months and was given a probation order of 12 months.

He was disqualified from driving for 10 months.

Convictions were recorded for the traffic offences.