Time was on side of driver who blew high, then lower at cop shop

The driver’s breath reading had dropped from above .15 at the roadside to below .15 at the police station.

Having blown above the high-range limit at the roadside, the driver’s reading had dropped by the time he arrived at the police station.

Time was on the side of a driver who blew above the high-range alcohol limit at the roadside but was below it by the time he was breath tested at the police station.

A police patrol on Tor St about 12.30am, March 19, had seen a car weaving within the lane and pulled the vehicle over, Toowoomba Magistrates Court heard.

The driver, Jamie Thomas Martin, told police he had his last drink about 10 minutes before driving, police prosecutor Shelby Larcombe said.

During a subsequent roadside breath test, he blew .158, above the high-range limit of 0.15.

However, police waited 10 minutes to give time for any residual alcohol in his mouth to dissipate before testing him again and this time he blew 0.15, Ms Larcombe said.

Taken to the police station for a breath analysis, Martin then blew 0.144 below the 0.15 threshold.

The self-represented Martin pleaded guilty to driving while over the middle alcohol limit but not over the high alcohol limit.

He told the court he had been a professional firefighter in the past and knew the seriousness of the offence and was not making excuses.

However, he had been receiving counselling for some issues, he said.

The self-employed mobile contractor said he needed his licence for work and Ms Larcombe said he would be eligible to apply for a restricted (work) licence so he could drive for work purposes.

Magistrate Graham Lee fined Martin $750 and disqualified him from holding or obtaining a driver’s licence for 10 months but issued a restricted licence for work purposes.