David Caracciolo, Amber Fenwick, Jess Dowson, Joe Ziebarth, Terengantamoa Antonio face Mackay court for drink driving

From a 21-year-old miner on 10 Great Northerns to a respected industry leader who had too many wines at dinner, these Mackay drivers made the wrong decision to get behind the wheel while over the limit.

From a 21-year-old miner on 10 Great Northerns to a respected industry leader who had too many wines at dinner, these Mackay drivers made the wrong decision to get behind the wheel while intoxicated.

One simply had one too many drinks driving home after work, one was almost found beer in hand in a shopping centre carpark at midnight, and they all had to explain themselves to the same magistrate.

See what landed five drivers over the legal blood alcohol content limit in the Mackay Magistrates Court.

David John Caracciolo

Mackay Reef Fish Supplies owner David Caracciolo blew just 0.002 per cent above the limit at a random breath test, but it was enough for him to face a drink driving charge.

A well respected Mackay business owner and outspoken representative for the commercial fishing industry, Mackay Magistrates Court heard he had a minute history of traffic offences.

David Caracciolo Mackay Fish Market. Thursday 18 January 2024 Picture: Michaela Harlow

Mr Caracciolo’s lawyer Sean Gibbs of Fisher Dore said the offence was a “genuine mistake” made while driving home late from drinks on June 6.

“Police were conducting a static RBT on Ron Searle Drive, Mackay Harbour ... at about 8.05pm police observed a white Toyota HiLux pull in for a breath test,” police prosecutor Matt Saunders said.

“When questioned, he made admissions to drinking around three glasses of wine over a period of an hour and a half and stated he was driving home.”

The court heard Mr Caracciolo had 0.052g alcohol in 210 litres of breath, just above the general alcohol limit of 0.05.

Mr Gibbs said his client’s only relevant traffic history was very dated, with the last entry “over 10 years old”, and made an application for Mr Caracciolo to be able to drive for work.

Magistrate Bronwyn Hartigan also noted the second-last entry was over 24 years ago, agreeing the offence was out of character.

“It is a very low reading, it’s consistent with an error of judgment and I accept you didn’t intend to drunk drive on this occasion,” she said.

“You are a mature person, you’re a business owner, you are a hard worker and your business requires you to drive around for a lot of different reasons and I’ve taken that into account.”

Mr Caracciolo was fined $300 and disqualified for the mandatory minimum period of one month, but was issued a licence to drive to and from work-related sites “by the most direct path of travel”.

No convictions were recorded.

Amber Rose Fenwick

Amber Rose Fenwick pleaded guilty to drunk driving in Mackay Magistrates Court on June 26, 24. Photo: Contributed

Amber Rose Fenwick was intercepted by police on Kellys Rd in Walkerston who noticed the smell of liquor on her breath.

The 23-year-old woman pleaded guilty to drink driving over the middle alcohol limit on Friday, June 7, 2024 about 5.3opm.

Mr Saunders said when questioned Fenwick admitted to having consumed five Great Northern beers after work and blew 0.117g BAC at 6.08pm.

Fenwick’s lawyer Robert Beamish of McKays Solicitors said she was a grade 12 graduate of St Patricks College in Mackay and had worked in a variety of administrative jobs in the mining industry.

Mr Beamish said Fenwick’s criminal history was unrelated and presented a character reference from her employer.

“She takes full responsibility for her actions ... she had drinks with some work mates on a Friday afternoon and made the mistake of driving home,” Mr Beamish said.

“It’s an aberration of her otherwise good character.”

Ms Hartigan sentenced Fenwick to a $500 fine, disqualified her drivers licence for three months.

No convictions were recorded.

Jess Russell Dowson

Peak Downs mine operator Jess Russell Dowson pleaded guilty to drink driving in court, but faces extra charges after he was pulled over in the wee hours of Sunday morning.

Mr Saunders said police observed Dowson driving on Field St in West Mackay at about 2am on January 7, 2024, who attempted to rebuff them before being allegedly caught with unidentified drugs.

“Police caught up with the vehicle (on Nebo Rd) and observed the driver and gave instructions for him to pull over, but he’s accelerated and argued with police before stopping,” Mr Saunders said.

“A roadside breath test indicated he was over the alcohol limit and he was taken to Mackay Police Station (where) a certificate was produced stating he had a blood-alcohol content of 0.122g of alcohol.”

Dowson pleaded guilty to drink driving over the middle alcohol limit, but did not enter pleas to charges of obstructing police and possessing dangerous drugs.

His lawyer Mr Gibbs said his client was on a 7/7 roster in the mining industry and has resided in Yeppoon since being granted bail.

Since Dowson had been without a licence for six months since his arrest, Mr Gibbs requested he be given the mandatory minimum of a one month disqualification.

Ms Hartigan said Dowson’s offending was “not out of character” since he had previous drunk driving charges within the last few years and issued a $500 fine, referred to SPER.

Dowson has his licence disqualified for the one month minimum and a conviction was recorded.

Joe Thomas Ziebarth faced Mackay Magistrates Court on June 26, 2024 for drunk driving in Moranbah.

Joe Thomas Ziebarth

A 21-year-old miner was caught drink driving in the carpark of the Moranbah Fair shopping centre just past midnight on Saturday, May 4.

Joe Thomas Ziebarth claimed he was heading back to camp when he was pulled over at 12.20am on St Francis Dr for a breath test and taken to the Moranbah Police Station.

“When he was questioned regarding his consumption, he stated he consumed 10 alcoholic drinks over the course of the night, the last being consumed 10 minutes prior to interception for police.

“He stated he was travelling back to camp for work in the morning.”

The court heard Ziebarth blew a 0.138BAC and pleaded guilty to drunk driving above the middle alcohol limit.

Ziebarth’s lawyer Steven Hayles of Macrossan and Amiet said his client was employed at an underground coal mine and had had his licence suspended for two months.

Mr Hayles said Ziebarth had no serious driving charges and was “otherwise of good character”.

Ms Hartigan sentenced Ziebarth to pay a $600 fine and had his licence disqualified for three months until September 27, but “given your otherwise good character” no conviction was recorded.

Terengantamoa Antonio faced Mackay Magistrates Court on June 26, 2024 for drunk driving in Racecourse. Photo: Contributed

Terengantamoa Antonio

Police conducting patrols on the Peak Downs Highway pulled over Terengantamoa Antonio on Cowleys Rd in Racecourse on June 9, 2024, the court heard.

Mr Saunders said Antonio produced an international drivers licence and admitted to drinking six cans of Great Northern beer, blowing 0.095g BAC.

The court heard Mr Antonio had no traffic or criminal history when he plead guilty to drink driving.

Ms Hartigan asked the self-represented Mr Antonio whether he had a job to pay for a fine, which he confirmed and his Facebook page identifies as Thomas Borthwick & Sons abattoir in Bakers Creek.

Mr Antonio was sentenced to pay a $500 fine and had his drivers licence disqualified for two months.

No convictions were recorded.

Originally published as David Caracciolo, Amber Fenwick, Jess Dowson, Joe Ziebarth, Terengantamoa Antonio face Mackay court for drink driving