Magistrate hands out community service to ‘humiliate’ Ashgrove recruitment officer who refused breath test

A westside labour recruitment officer has been sentenced after a magistrate’s demand for a greater punishment in response to his blatant disrespect for the law.

Labour recruitment officer, Joseph Peter Birch, has been given 40 hours community service after Magistrate said a fine is not enough for refusing RBA twice.

A westside labour recruitment officer has been “humiliated‘’ with community service after he refused to submit to a roadside breath test (RBT).

Ashgrove resident, Joseph Peter Birch, 42, pleaded guilty in Cleveland Magistrates Court on Monday, October 31, to two counts of failing to provide a specimen of breath for analysis.

The court heard police tried to intercept Mr Birch’s car at Dickson Way on North Stradbroke Island on September 17 for a random breath test.

“Police tried to gain the driver’s attention, however he moved out of his lane to a bus lane with no intention to stop,” the police prosecutor said.

“When he pulled over he refused to undertake the requirement (of an analysis).

“He stated it was a week (since) he last consumed alcohol and failed to provide a specimen (when asked) again.”

Labour recruitment officer, Joseph Peter Birch leaving Cleveland Magistrates Court.

Mr Birch’s lawyer, Claire McGee, said her client had no explanation for his actions.

“It was nerves and he panicked,” Ms McGee said.

Magistrate Deborah Vasta said Mr Birch deserved to feel humiliated.

“There should be a greater punishment for someone who refuses to provide any specimen at all,” Ms Vasta said.

“(Community service) would involve some humiliation and I think it would be a punishment for him.”

Mr Birch was given 40 hours of community service to be completed over 12 months.

He was disqualified from driving for six months

Convictions were not recorded.