Ourimbah: Brothers Marley and Sonny Tiopira sentenced after beer bottles allegedly thrown from car on M1

Two brothers got out and urinated behind their car after getting pulled over on the M1 following complaints about beer bottles allegedly being thrown from a moving vehicle, a court has heard.

Police were originally called following reports of beer bottles being thrown from a car on the M1 motorway. (File image)

Most motorists get a little nervous when they’re pulled over by police, regardless of whether they’ve done anything wrong.

But if you’re the Tiopira brothers, it was a good excuse to get out and relieve themselves on the side of Australia’s busiest freeway two days before Christmas.

Now, almost 13 months later, the older brother has been sentenced for his part in what happened next.

A common set of agreed facts states police were conducting speed checks on the M1 Motorway at Ourimbah about 3.35pm on December 23, 2022, when they started receiving calls about a silver Holden Cruz sedan swerving between lanes and beer bottles allegedly being thrown from the car.

Officers saw the car travelling north and activated their lights and sirens to pull it over.

The car stopped on the shoulder of the freeway and the driver ,Sonny Tiopira, now aged 27, got out and walked around to the back of the car before starting to urinate.

Police were originally called to reports of beer bottles being thrown from a car on the M1. (File image)

The front seat passenger Marley Tiopira, 29, also got out and proceeded to urinate.

When police approached Sonny, both brothers immediately became “confrontational” with officers and Marley repeatedly stepped in between them, claiming he was the driver.

The three men ended up facing Wyong Local Court where they all eventually pleaded guilty and were sentenced. Picture: Supplied

Sonny continued to walk around the car to avoid police and told officers to “go f..k yourself” when they repeatedly asked him for his licence.

Sonny approached one officer who sprayed him with pepper spray before Marley and a second passenger, Tyson William Malcolm, then aged 30, who was in the back seat, tried to prevent police from speaking to Sonny.

After refusing to undergo a roadside breath test, Sonny, who was now hiding in the back seat, spat on one of the officers and lashed out with his legs.

Other police arrived and arrested the three men with Marley resisting their efforts and at one point threw his head back and collected one officer in the face, splitting his lip.

Eventually they were all taken to Wyong police station where Sonny was charged with driving while disqualified, hindering police, refusing to undergo a breath test or a drug test and assaulting police.

He pleaded guilty to all of the offences and was last year sentenced to an intensive correction order for 12 months with 50 hours community service, a $300 fine and disqualified from driving for another six months.

Malcolm represented himself when he faced court early last year and pleaded guilty to hindering police but failed to appear when his matter was listed for sentence and he was convicted in his absence.

Marley pleaded guilty to hindering police but not guilty to assaulting the officer.

He was set down for a hearing but changed his plea to guilty and faced Wyong Local Court for sentence on Wednesday.

He was convicted of both charges and sentenced to a community corrections order for 18 months.

None of the men were ever charged with throwing beer bottles from the car and there is no suggestion they ever did.