LIST: Drink drivers in Proserpine and Bowen courts

From birthday tequila shots to beers at Magnums, a few too many landed these drink drivers in Proserpine and Bowen courts. SEE THE LIST.

Drink drivers faced Whitsunday courts on July 21 and 22.

A late-night Macca’s run gone wrong, a bottle-o dash after six beers, and a double drink-drive bust -

Whitsunday courtrooms have had these drivers face the consequences of getting behind the wheel while over the limit.

CONVICTIONS RECORDED

Nikki James Moss

Nikki James Moss was drunk when he decided to go on a Macca’s run and while there, he drove onto a garden bed and crashed into a delivery car.

The court heard on June 5 police received a call from McDonald’s in Cannonvale about a suspected drunk driver who was slurring his words before getting into an accident in the carpark.

Police attended Moss’ address and found him in the driver’s seat of his car which was still running.

They said when the 38-year-old exited his vehicle he was unsteady on his feet and slurring his words.

Breath testing returned a result of 0.279 grams of alcohol in 210 litres of breath.

Lawyer Hannah Wallace from Donnelly Law appeared on behalf of the dad of two, telling the court he was “extremely remorseful and regretful”.

Nikki James Moss appeared in Proserpine Magistrates Court on 21 July.

She said the full-time coal mine driller was at home drinking after finding out about his father’s passing and finalising the separation from his former partner when he decided to drive to get some food.

Ms Wallace said her client thought he had left his license at the McDonald’s following the accident.

She said this incident had been a wakeup call and he now understood he had a problem and would be checking into a rehabilitation facility.

She added a lengthy disqualification period would impact his ability to work and see his children who live 11 hours away.

Magistrate Anna Smith said driving more than five times over the limit caused a serious safety problem with Mr Moss putting himself and others at risk.
Moss pleaded guilty to driving under the influence on liquor and leaving the scene of a crash without giving his particulars.

He was fined $2000 and disqualified from driving for 10 months.

Noel Graham Webster

Noel Graham Webster made a “poor judgment call” when he got behind the wheel to drive to the local bottle shop.

The 64-year-old pensioner was pulled over on 18 June for random breath testing.

He told police he had consumed six Great Northern cans with his last being just 5 minutes before.

Further testing returned a reading of 0.124 grams of alcohol in 210 litres of breath.

The court said he had a history of drink driving but the most recent offence was in 2011.

Mr Webster said he didn’t want to provide an excuse for his drinking but rather an explanation.

He said he was dealing with rheumatoid arthritis and when tablets started not working he turned to alcohol to knock the edge off.

He said he made the “poor judgment” to drive just 500 metres down to the bottle shop.

“You can still kill someone driving 500 metres,” said Magistrate Anna Smith.

Mr Webster pleaded guilty to driving over the middle alcohol limit.

He was fined $650 and disqualified from holding a drivers license for three months.

Jesse-Lee Warner 

Jesse-Lee Warner, a 26-year-old yacht detailing business owner was pulled over for random breath testing on 5 July where she told police she had a few cocktails before driving.

The court heard police could smell alcohol on her breath and her eyes were bloodshot.

Jesse-Lee Warner appeared in Proserpine Magistrates Court on 21 July.

Testing returned a reading of 0.144 grams of alcohol in 210 litres of breath.

Warner pleaded guilty to driving without a license and driving over the middle alcohol limit.

She was fined $150 and disqualified from driving for one month for driving without a license and fined $750 and disqualified for four months for drink driving.

CONVICTIONS NOT RECORDED 

Julien Claude Roch Lecomte

Julien Claude Roch Lecomte was out celebrating with friends when he made the foolish decision to drive down the street.

On the morning of June 27 the 26-year-old from France was pulled over in Jubilee Pocket by police for a random breath test.

Police prosecutor Lynda Hughes said he was slurring his speech and told police “I know I’m positive bro.”

When questioned by police he said he consumed two or three beers then two or three tequila shots.

Testing returned a result of 0.116 grams of alcohol in 210 litres of breath.

The court heard the behaviour was out of character with references speaking very highly of him.

Lecomte pleaded guilty to driving while over the middle alcohol limit.

He was fined $600 and disqualified from holding a drivers licence for three months.

Magistrate Anna Smith took into consideration the high security clearances needed for his work on super yachts and visa status and did not record a conviction.

Perez-Angulo Herrera

Perez-Angulo Herrera was caught driving over the limit after a big night out, telling the court he didn’t usually drink this much.

The 27-year-old from Spain was out celebrating a friend’s birthday when he was pulled over on June 20 for random breath testing in Cannonvale.

The court heard he told police he had been drinking beers at Airlie Beach hotspot Magnums earlier that night.

Breath testing returned a result of 0.144 grams of alcohol in 210 litres of breath.

Perez-Angulo Herrera appeared in Proserpine Magistrates Court on 21 July.

Lawyer Giulian Grasso from Whitsunday Law said his client was a chef who was in Australia on a working visa which he intended to renew later this year.

He told the court Herrera intended to pace himself, but he did not remember how long he was drinking for.

“He obviously knew he was intoxicated,” he said.

Magistrate Anna Smith said she did not accept that he was pacing himself.

“If you were, and you were drinking to that pace you would not have found yourself with that reading.

The court heard his character references spoke highly of him and stated this was out of character.

Herrera pleaded guilty to driving over the middle alcohol limit.

He was fined $750 and disqualified from holding a license for four months.

Jose Ignacio Munoz Tapia 

Jose Ignacio Munoz Tapia was caught driving over the limit twice in one hour in “one foolish course of events”

Munoz Tapia was pulled over on July 6 where he told police he had consumed five pints.

Police prosecutor Lucy Hughes said police could smell alcohol on his breath and said his eyes were bloodshot.

Breath testing returned a result of 0.108 grams of alcohol in 210 litres of breath and was subsequently issued with a notice of suspension.

She said a short time later police saw Munoz Tapia driving down the same street.

He told police he was trying to get his car home and begged them to let him go.

Jose Ignacio Munoz Tapia appeared in Proserpine Magistrates Court on 21 July.

Further breath testing returned a result of 0.096 grams of alcohol in 210 litres of breath.

Duty solicitor Danny Yarrow said the 29-year-old chef from Chile had expressed some insight into the dangers of drink driving.

He said he was in the process of renewing his visa.

Munoz Tapia pleaded guilty to driving over the middle alcohol limit, driving over the low alcohol limit, and driving unlicensed.

For mid range drink driving he was fined $500 and disqualified from holding a license for three months.

For driving unlicensed he was fined $150 and disqualified for two years.

He was also fined $500 and disqualified from driving for three months for the low-level drink driving.

Originally published as LIST: Drink drivers in Proserpine and Bowen courts