Todd Russell Brewer sentenced for mid-range drink driving and refusing breath test

A North Coast man who sank 14 tinnies before refusing a breath test after a short-lived 130kph police chase has faced court.

A North Coast man who engaged in a short-lived police chase at 130kph and blew 0.126 after initially refusing a breath test has copped a hefty fine.

Todd Russell Brewer, 52, was sentenced after pleading guilty to mid-range drink driving and refusing to submit to a breath test at Maclean Local Court on September 15.

Police detected the Yamba man travelling 118kph on radar in a 90 while he was driving a black Volkswagen Golf sedan east on Yamba Rd, Palmers Island on August 6, 2022.

Police pursued him with warning lights, but he “accelerated harshly” at an estimated speed of no less than 130kph, police facts revealed.

The accused fled at speed around some bends, “clearly attempting to avoid police and clearly disobeying the police direction to stop,” police facts stated.

When police closed the gap to roughly 10 metres, Brewer pulled over and immediately became “aggressive and abusive” when informed he had been stopped for speeding, police facts stated.

He refused to produce a driver‘s licence and refused a breath test, “grabbing the alcoholizer from police and attempted to pull it away”, according to facts.

“He then pulled the tube out of the alcoholizer and threw it on the road,” police facts stated.

Brewer was advised that he was under arrest for refusing to undergo a breath test, but “continued to be aggressive and abusive”, according to police facts.

“He leant over to the front passenger window and repeatedly punched it with his right hand attempting to smash the window,” police facts stated.

“Due to his aggression a second police vehicle was called to convey the accused,” according to police facts.

Brewer told police he had consumed six 375ml stubbies of mid-strength Great Northern beer, two Canadian clubs and six 330ml cans of Little Dragon ginger beer at the Yamba Golf Club and at his home, he told police.

Police observed Brewer’s “eyes were bloodshot” and his “breathe smelt strongly of intoxicating liquor, his face and skin colour were pale”, and were of the opinion the accused was “moderately affected by alcohol”.

“Due to the accused’s behaviour it was evident to police that he was affected by alcohol.

“He was hostile and irritable, he was swearing, restless, uncooperative, (and his) balance unsteady.

“He appeared to be moderately affected by alcohol.”

Magistrate Kathy Crittenden said Brewer was “less than cooperative” when apprehended by police, condemning his drink driving in court.

“These offences are taken extremely seriously by the community and the courts, and we need to send a message to the community because of the risk they pose to the community and other road users,” she said.

His defence lawyer told the court Brewer had left the house to care for his daughter and wife who were sick with conjunctivitis.

Brewer pleaded guilty at the first available opportunity and had completed the traffic offenders program.

“I can only hope your completion of the traffic offenders program highlights the seriousness of your actions on that night,” the magistrate said.

Brewer was convicted of both charges and ordered to pay a $1000 fine and had his licence disqualified for four months and must hold an interlock licence for the minimum period of six months.

The length of the police pursuit was not long enough to substantiate further charges.