Kurt Leslie Garvey faces Toowoomba Magistrates Court for drug driving

A 44-year-old pleaded guilty to drug driving but claimed his drink had been spiked. See what the court did with him.

A 44-year-old man caught driving with a drug in his system on Toowoomba’s western outskirts claimed his drink had been spiked.

Kurt Leslie Garvey had been pulled over by a police patrol when driving on Wirth Rd, Charlton, about 5.50pm, December 15, 2022, Toowoomba Magistrates Court was told.

Police prosecutor Senior Constable Kinsley Weir told the court a roadside drug test returned a positive reading for an illicit substance and a subsequent analysis showed he had meth in his system at the time.

Kurt Leslie Garvey leaves Toowoomba Courthouse on Thursday, March 23, 2023.

Garvey pleaded guilty to drug driving.

His solicitor Brad Skuse, of Skuse Graham Lawyers, told the court because his client had a similar previous offence he couldn’t apply for a work licence and the loss of licence would cost him his job.

However, although the 44-year-old conceded he had used substances in the past, he had not been using drugs and believed his drink had been spiked within the prior 48 hours, he said.

Mr Skuse said his client just wanted to get his driver’s licence back and get back to work.

Magistrate Clare Kelly noted references put before the court spoke well of Garvey and that he was a highly regarded employee.

Taking into account his previous history, Ms Kelly fined the 44-year-old $800 and disqualified him from holding or obtaining a driver’s licence for the mandatory minimum period in the circumstances of six months.