Kyle Weir: Dubbo man convicted after pleading guilty to drink driving

A Dubbo man who was slurring his words and couldn’t keep his head still when speaking to police after he was caught drink driving has pleaded guilty in Dubbo Local Court.

A Dubbo man who was slurring his words and couldn’t keep his head still when speaking to police after he was caught drink driving has pleaded guilty in Dubbo Local Court.

Kyle Weir, 21, appeared in court on Wednesday accompanied by his aunty after he was arrested by police in the early hours of April 2.

Documents tendered to Dubbo Local Court reveal police were patrolling Fitzroy Street at around 2am when they observed Weir’s black Holden utility acting in a suspicious manner.

After Weir stopped for a second time, police performed several U-turns to situate themselves behind his car, activating their warning lights to conduct a random breath test.

Kyle Weir appeared in Dubbo Local Court on Wednesday.

After returning a positive result, Weir was arrested and conveyed to Dubbo Police Station for further testing, which included a breath analysis of 0.087.

The court heard from Weir’s lawyer, Rachel Waugh, that her client did not receive a conviction for a similar offence which occurred in the last five years.

On the night of the offence, Ms Waugh said Weir did not have the intention of driving home drunk, instead he planned on taking a taxi home or calling a family member after going out for dinner and drinks with friends.

However it was down to a split second decision which saw Weir get behind the wheel and subsequently caught by police.

Ms Waugh highlighted Weir making “full and frank” admissions to police after he was pulled over for the random breath test.

She continued her submissions saying that there was nothing to suggest in Weir’s driving that he was doing anything wrong which was accepted by Magistrate Theresa Hamilton.

The court heard that due to the suspension of his licence, Weir has lost employment and due to his offending he has completed the traffic offenders program.

“He has already spent just shy of three months suspended,” Ms Waugh told Magistrate Hamilton.

Ms Waugh appealed for a sentence without fine due to her client’s limited funds.

In reply, Magistrate Hamilton said there was no reason for Weir to think that it was okay to drive, as he admitted to drinking eight Jack Daniels throughout the night.

“He shouldn’t have been driving,” Magistrate Hamilton said.

However, she accepted that the offence just fell into the mid-range and Weir’s early guilty plea.

Magistrate Hamilton said a conviction must be recorded due to his prior offending, adding a fine of $400 and a mandatory interlock period of 12 months when he finishes his three month disqualification.