Abraham Awai Piok failed to provide breath sample despite 23 attempts

Witnesses called police after seeing the 49-year-old’s car almost crash into a power pole and two park cars.

The driver was given 23 opportunities to provide a sample of breath for testing but still failed.

Despite being given 23 chances, Westbrook man Abraham Awai Piok failed to provide a specimen of breath for testing.

Failing to provide breath for testing by police brought a charge which equated to a high-range drink-driving offence, police prosecutor Senior Constable Chris Willson told Toowoomba Magistrates Court.

Witnesses who had seen Piok driving erratically, almost colliding with a power pole and two parked cars in Westbrook about 7pm, August 24, called police, the court heard.

Piok, 49, told police he had driven from Glenvale and appeared unsteady on his feet.

Given 19 chances to provide a sample of breath for a roadside test, Piok had failed to provide enough breath and was taken to Toowoomba Police Station where despite another four opportunities he failed to provide breath, Snr Const. Willson said.

Piok pleaded guilty to the charge of failing to provide a specimen of breath for analysis.

His solicitor John Davis, of Kennedy Spanner Lawyers, told the court his client was South Sudan born and had been in Queensland since 2002.

He had a good work record and was working at the Oakey Meat Works and his wife had to drive him to work which made it a long day for her as she worked as a cleaner, he said.

On the day in question, his client had been to the funeral of a family member and had been drinking after the funeral at the homes of two relatives, Mr Davis explained.

It appeared he became scared and made the silly mistake of failing to provide sufficient breath for testing, he said.

Magistrate Kay Ryan fined Piok $1000 and disqualified him from holding or obtaining a driver’s licence for six months but ordered the conviction not be recorded.