James Lee Moxon caught drink-driving through East Toowoomba McDonald’s on late night food run
The 37-year-old drove to McDonald’s for a late night Big Mac but it turned into Big Trouble when police turned up. Here’s what happened:
Police & Courts
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A late night Big Mac ended up in big trouble for a man caught drink-driving at an East Toowoomba McDonald’s drive-through.
Police on patrol had been alerted by the McDonald’s manager to James Lee Moxon who appeared drunk while ordering a meal in the cafe’s drive-through about 12.35am, November 20, 2023, Toowoomba Magistrates Court heard.
When officers approached his car, Moxon had refused to get out and a struggle ensued as police detained him and dragged him from the car, police prosecutor Rowan Brewster-Webb said.
Outside the vehicle, Moxon had struggled with two officers trying to handcuff him during which a pocket knife was found in his hand, he said.
Moxon explained the engraved pocket knife had sentimental value and it was eventually returned to him, however, a search of his car found a large machete in the door within the driver’s reach, Mr Brewster-Webb said.
The car was also found to be without door panels and had wires loosely hanging from inside the doors, he said.
Initially refusing to give his name and address, Moxon was taken to the police vehicle where he did supply his correct name and address, the court heard.
Mr Brewster-Webb said Moxon was taken to the police station where he returned a breath/alcohol reading of 0.117.
Moxon pleaded guilty to 10 charges including three counts of obstructing police, two of contravening a police direction, two of possessing a knife in public, and one each of defective vehicle, drink-driving and contravening a requirement not to drive (private vehicle).
Magistrate Mark Howden said Moxon’s behaviour was “belligerent” and had made it difficult for police to do their job but suggested officers had “loaded him up” with charges.
“They’ve certainly proffered as many charges as they could,” he told defence lawyer Joe Millican.
Mr Millican said his client had also been initially charged with the higher driving while under the influence of liquor which was replaced before his pleas to drink-driving over the middle alcohol limit.
His client had been going through a stressful time with the loss of three people close to him including a good friend the day before the incident, he said.
Since the incident Moxon had not drunk alcohol at all and had sought counselling to address his issues, Mr Millican said.
Mr Howden noted Moxon had been charged with three counts of obstructing police in a public place while intoxicated out of the one incident but because he pleaded guilty he was subject to mandatory community service hours on each offence.
Because of that Mr Howden reduced the fine to $650, ordered Moxon complete 120 hours community service and disqualified him from driving for three months.