Nimbin‘s Hannah Phelan pleads guilty in Lismore court to high-range drink driving, resisting police
A Nimbin drink driver who claimed she was weaving over the road to dodge potholes was dragged from her car by police after 20 failed breath test attempts.
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A Nimbin drink driver who claimed she was “swerving potholes” while weaving over the road was dragged from her car by police after she failed 20 breath test attempts and was arrested.
Hannah Phelan faced Lismore Local Court on Wednesday pleading guilty to high-range drink driving, crossing unbroken lane markings and hindering or resisting police in their duties.
The 37-year-old woman’s vehicle with Queensland plates was spotted by Nimbin police swerving across double lines on Keerrong Road at Blakebrook about 8.25pm on January 15, court documents state.
Phelan pulled over to allow police to pass, but they instead intercepted her vehicle.
Officers told Phelan why she had been pulled over and she told them she had been ”swerving potholes”. Police observed the road to be smooth.
Phelan kept moving her head to avoid an initial breath test, but officers did eventually get a result.
She told police she had consumed a few drinks since 3pm.
A follow-up test was neccesary, but Phelan would not blow into the tube.
She was given 20 attempts and police said they would be arresting her, the documents state.
Phelan refused to leave the vehicle and police eventually grabbed her by the arms and pulled her out.
Phelan wrenched her arms and body away as police walked her to their vehicle, but eventually complied and was taken to Nimbin Police Station.
She refused to leave the police vehicle, was pulled out and placed in a cell to calm down.
A breath analysis at the station produced a result of 0.190 - almost four times the legal alcohol limit for driving.
Defence solicitor Steven Bolt told the court Phelan suffered a nasty relationship breakdown and was suffering from depression and an alcohol problem.
“Her driving record is good. She has no prior convictions,” he said.
Mr Bolt asked the court for a non-custodial sentence.
Magistrate Michael Dakin said: “Avoiding a pothole? It is a high reading.”
“Yes it was a difficult time for her but it’s also about community safety.
“With the resistance of police, you made the police job more difficult due to levels of intoxication.”
Phelan was sentenced to serve a 18-month community correction order and a conditional release order.
She needs to use an alcohol interlock device once back on the road.
Phelan was also fined $400.
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