Steve Lee Gawn, 52, Logan Central in Beenleigh Court for Covid-affected DUI

A Logan man spotted swerving along a busy road is trying to have a charge of driving under the influence dropped because he says Covid exacerbated the effects of his medication.

Steve Lee Gawn, 52, leaving Beenleigh Magistrates Court.

A Logan man who was caught driving erratically under the influence may have his charge dropped after his legal team argued the effects of medication were exacerbated by Covid.

Steve Lee Gawn was caught by police after swerving all over the road and overtaking a police car on January 10, 2022, in Holmview.

The 52-year-old Logan Central man was drug tested by police and found to be four times over the legal limit for prescription medication Clozapine.

Clozapine is an antipsychotic medication and can cause drowsiness.

But, if taken as prescribed, patients are legally allowed to drive while on it.

Beenleigh Magistrates Court heard on February 15 that Mr Gawn had Covid when pulled over by police.

The court was also told the blood test given by Mr Gawn was four times over the legal limit for Clozapine.

Mr Gawn’s barrister, Rick Taylor, presented evidence by a doctor which stated Covid could exacerbate the effects of Clozapine, therefore causing Mr Gawn to become more drowsy and disoriented.

He presented a “no-case’’ submission to the court. If successful, the charge would be dropped because of the Covid-affected blood test.

“Could a reasonable jury convict in this matter? To do so they would have to overcome the evidence,” Mr Taylor said.

“It is no longer relevant that Mr Gawn was intoxicated, it is admitted.

“His inability to drive safely was a consequence of the intoxicated substance elevated as a result of Covid. That was an external agent for which he could not see.”

Police prosecutor Snr-Constable Cody Jones said he was shocked to see a no-case submission made by the defence.

“The issue before the court is whether the defendant was so intoxicated that he was unable to maintain control of his vehicle,” he said.

“It is alleged his intoxication levels may have been caused by another issue, but that does not detract from the fact that Mr Gawn was highly intoxicated while driving.”

Magistrate Shane Elliott reserved his decision.

He would hand down his findings on whether the charge would be dropped in the coming weeks.

Originally published as Steve Lee Gawn, 52, Logan Central in Beenleigh Court for Covid-affected DUI