Central Qld magistrate’s tough stance on drink drivers as crashes pile up
A Queensland magistrate has taken a tough stance after he was asked to impose minimum penalties for drink drivers. It comes as a review of similar cases in the same town exposes a shocking trend.
Police & Courts
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A Queensland magistrate is fed up with drink driving cases in his coastal courtroom and has warned he will not impose “mandatory minimums” as standard.
It comes as a review of cases in the Yeppoon court this year backs up his stance.
Dealing with one of the latest in a slew of similar cases - a high range drink driver who blew .160 at Tanby - Magistrate Cameron Press said, “we deal with drink drives in Yeppoon every week on a regular basis”.
Prior to Mr Press’ comment, the defendant’s solicitor had submitted for “a modest fine” and “the mandatory minimum” driver licence disqualification.
Mr Press stressed: “I won’t be giving mandatory minimums for drink driving in the high range unless there is some outstanding circumstances.
“And it’s incumbent upon courts to send a clear message that high-range readings are dangerous and must attract an appropriate disqualification.”
Mr Press hit the driver in question with a $700 fine and disqualified him from driving for seven months and two weeks.
The second case referenced, heard in court on the same day, involved plumber and father of two, Jarrett Daniel Martyn, 33, who pleaded guilty to drink driving (.171) after crashing his car on the Scenic Highway at Emu Park on August 17.
A different solicitor represented Martyn, and she also submitted for a “mandatory minimum” driver licence disqualification.
Mr Press immediately interjected and said: “No, he won’t be getting mandatory minimums. I’m not quite sure why all of a sudden everyone’s wanting minimum disqualification periods.”
He added: “They (minimums) are there for extraordinary circumstances, special - exactly the same as maximums (penalties) are there for special circumstances.
“This is a high reading, this is a dangerous reading. And it’s incumbent upon courts to send a clear message.
“And there are some aggravating features here - one of those being that, due to alcohol, he’s (Martyn) crossed double lines and that he’s crashed the car.
“He didn’t co-operate initially with police either.
“So it’s not appropriate for courts just to hand out minimum disqualifications simply because lawyers ask for it, and I’m not going to start doing that.”
Mr Press noted since the crash, Martyn had undertaken a drink-driving program but he stressed: “It (drink driving) is dangerous, sir. And you drove dangerously, frankly, on this occasion.
“What drink drive does, sir... is it kills people.
“You could have killed yourself. It destroys lives and it destroys families.”
Martyn was fined $800, disqualified from driving for seven months and two weeks, and a traffic conviction was recorded.
A review of Yeppoon, Rockhampton and Gladstone court cases covered by this publication in 2024, not only supported what Mr Press said about the prevalence of drink driving offences at the Capricorn Coast, it also highlighted a growing list of boozy Central Queenslanders who have crashed their cars.
Here are 14 examples of drink-driving crashes from this year alone.
CONVICTIONS RECORDED
Ryan Moschioni, 33
When Ryan Moschioni crashed his car down a steep embankment into water at Yeppoon, he was completely honest with police.
He told them when he crashed, he had been using his phone to change a song playing on the vehicle’s stereo system.
The other problems for Moschioni were he was drunk at the time and his registration had been expired for 49 days, leaving the car uninsured.
The 30-year-old pleaded guilty in Yeppoon Magistrates Court on July 25 to drink driving, using a mobile phone while driving, and driving an unregistered and uninsured vehicle.
A traffic conviction was recorded.
Grant Larry Wooler, 44
The grossly intoxicated former Aurizon worker turned school boarding supervisor and sporting mentor “could have killed a woman” when he misjudged a corner and crashed, a court heard this month.
Wooler drank 18 mid-strength beers and took double the amount of prescription medication the day of the crash, Rockhampton Magistrates Court was told on September 20.
Wooler pleaded guilty to charges including drink driving and driving without due care and attention.
Traffic convictions were recorded.
Micah David Smith, 41
Smith wrote off his prized Ford Mustang while drunk and copped a heavy series of penalties.
He pleaded guilty in Gladstone Magistrates Court on August 21 to operating a vehicle dangerously in any place - excessively speeding, and unlawful possession of weapons (he had previously pleaded guilty to the drink driving offence).
The court heard that at 2.07pm on March 9, police were called to a single-vehicle crash on Gladstone’s Breslin Street where Smith was the driver.
When they arrived at the scene, they saw Smith’s white 2022 Ford Mustang on its roof and severely damaged.
Smith was out of the car and being treated by paramedics for minor injuries.
His male passenger also suffered minor injuries and was treated for a head laceration.
A conviction was recorded.
Brock James Ivey, 23
Apprentice fridge mechanic Brock James Ivey was drink driving when he flipped his car in a collision with a taxi.
The 23-year-old pleaded guilty in Yeppoon Magistrates Court on July 4 to drink driving.
The court heard the smash happened on the Scenic Highway at Cooee Bay, just after 7pm on May 17.
When police arrived at the scene, they saw the Toyota HiLux that Ivey had been driving, flipped over on the driver’s side.
A traffic conviction was recorded.
Joshua Bernard O’Brien, 47
A pedestrian had to run to avoid being hit by a drunk driver who lost control and crashed his car on a popular beachfront strip at night, a court heard.
O’Brien pleaded guilty in Yeppoon Magistrates Court on May 9 to dangerous operation of a motor vehicle while adversely affected, drink-driving, and possessing dangerous drugs.
Police prosecutor Corey O’Connor said about 9pm on March 2, police were called to a single-vehicle crash on Yeppoon’s Anzac Parade.
When officers arrived, they saw the Toyota Corolla that O’Brien had been driving “mounted on” the pedestrian footpath, against a garden wall in front of The Spinnaker restaurant.
Paramedics treated O’Brien at the crash scene.
Convictions were recorded.
Ryan Francis Norman, 37
It was 6.20am when Wowan police were called to a single-vehicle crash on the Burnett Highway.
What they found when they arrived at the scene 10 minutes later was shocking.
A white Toyota ute was in a culvert off the road, the front extensively damaged, and empty beer cans were scattered around the crash site.
A member of the public immediately approached an officer and said the driver, Ryan Francis Norman, was out of the car and had been drinking alcohol.
Police found Norman stumbling around near the road and he was holding his chest in pain.
Police could smell liquor on his breath and saw more empty beer cans inside the vehicle.
Norman was taken by ambulance to Biloela Hospital.
The 37-year-old accepted this version of events in Gladstone Magistrates Court on April 10 where he pleaded guilty to drink-driving and more details about the crash on November 15 last year at Dixalea were revealed.
A traffic conviction was recorded.
Jena Kaye Tuuta, 38
The dramatic events which led to a car crashing and getting stuck on train tracks during the early hours of the morning in Central Queensland, were revealed in court.
At 2.40am on March 17, Gladstone police were called to the single-vehicle crash at a railway crossing at the intersection of Brendonna Road and Jim Whyte Way, Burua.
Once there, officers spoke to people who said the female driver was no longer at the scene and they told police where she could be found.
Police located the driver, Jena Kaye Tuuta, and she told them she had been drinking alcohol with friends at a caravan park about 100m from the incident prior to getting in the car and crashing it.
Tuuta, 38, accepted this version of events in Gladstone Magistrates Court on April 9 where she pleaded guilty to drink-driving and unlicensed driving.
A traffic conviction was recorded.
Melissa Sue-Ann Gifford, 39
Gifford crashed a car into traffic lights while heavily intoxicated late at night.
The 39-year-old pleaded guilty in Gladstone Magistrates Court on March 19 to drink-driving.
The court heard that about 10.25pm on January 16, police were called to a single-vehicle crash at the Hanson Road/Reid Road intersection at Yarwun.
When police arrived they saw the Nissan Pulsar that Gifford had been driving was extensively damaged at the front, and facing the wrong way.
A traffic conviction was recorded.
Eliza Jewelle Petersen, 19
It was 3.05am when police were called to a single-vehicle crash where a car had flipped onto its roof at Yeppoon.
The driver, Eliza Jewelle Petersen, was trapped inside.
When officers arrived, they saw the car had gone into a tree, about 20m off the roadway on Yeppoon Rd at Mulara.
More details about the August 4 crash last year were heard in Yeppoon Magistrates Court on February 8 where Petersen, 19, pleaded guilty to drink-driving.
A traffic conviction was recorded.
NO CONVICTIONS RECORDED
Storm Kimberly Dewhirst Oates, 33
Dewhirst Oates tried to run from police after crashing her car into a brick wall while drunk.
She pleaded guilty in Gladstone Magistrates Court to drink driving, public nuisance and obstructing police while adversely affected.
The court heard that about 12.25am on June 14, police saw Dewhirst Oates crash a Nissan Navara into a brick wall on Gladstone’s Toolooa Street.
Police activated their lights, pulled in behind the crashed car and they saw Dewhirst Oates get out of the driver’s seat and flee the scene.
Police caught up with her and detained her.
After a breath test, Dewhirst Oates returned a blood alcohol reading of .140.
No convictions were recorded.
Mark Thomas Stephenson, 69
Stephenson was drunk when he drove his Mitsubishi Outlander down an embankment at Yeppoon at night.
After crashing, he continued to sit in the car with his dog, and he kept drinking alcohol.
A member of the public reported the incident to police and when they arrived at the scene on Bungundarra Road, they saw the car had minor damage and paramedics were there assisting Stephenson.
The 69-year-old pleaded guilty in Yeppoon Magistrates Court on July 4 to drink driving.
His BAC was between the middle alcohol limit and the high alcohol limit (officially reading .125).
No conviction was recorded.
Rajamani Acharya, 76
It was just before 9pm when a grey ute crashed near the Gladstone Power Station.
The vehicle’s bullbar was damaged and it had a flat tyre.
When police arrived at the scene about 11.15pm, Rajamani Acharya was sitting in the driver’s seat.
He told police he had driven from an event “in town” at the senior citizens centre where his priest son had played a role.
He had drunk red wine and was on his way home to Yeppoon when he “hit something” on Hanson Road and had to stop due to the flat tyre.
Acharya later returned a blood alcohol reading of .079.
The 76-year-old accepted this version of events in Gladstone Magistrates Court in June where he pleaded guilty to drink driving and more details surrounding the May 10 crash were revealed.
No traffic conviction was recorded.
Kodie Jo Love, 25
The circumstances which led to a frightening Central Queensland car crash which saw two people flown to hospital by rescue chopper, were revealed in court.
Kodie Jo Love, 25, pleaded guilty in Yeppoon Magistrates Court on May 16 to drink-driving.
The court heard that about 4.55pm on February 10, police were called to a single-vehicle crash at Waterpark Road, Byfield.
Love was the driver and her passenger was injured in the crash.
Police prosecutor Senior Constable Sarah Rowe said when police arrived, they saw Love’s car had ended up in bushes on the side of the sealed bitumen road in a 100kmh zone.
Love returned a blood alcohol reading of .159.
No conviction was recorded.
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