Pushing motorcycle at the side of the road leads to driving ban

He tested positive to drugs while pushing his motorcycle at the side of the road.

He was ordered off the road for four months and he wasn’t even riding his motorcycle.

Toowoomba man Jeffrey Dwayne Burke is living proof that one doesn’t have to be actually driving a car or riding a motorcycle to be subject to a fine and disqualification period for traffic offences.

The 31-year-old had been pushing his broken down motorcycle along the side of Taylor St about 11.15pm, May 9, last year, when a police patrol pulled over beside him.

He told police he had been pushing the bike to a service station to get fuel, police prosecutor Rohan Brewster-Webb told Toowoomba Magistrates Court.

Police conducted a roadside drug test which showed the 31-year-old at the time had traces of meth and cannabin his system and he had told police he had smoked meth the Monday prior, Mr Brewster-Webb said.

He was charged with being in charge of a motor vehicle while a drug was present in his saliva while the holder of a learner licence.

His solicitor Michael Corbin told the court this client’s case had been the subject of debate the prosecution and defence and his client had always denied actually riding the motorcycle.

His client had been pushing the bike to a mate’s place to have it fixed, he said.

The 31-year-old was a farmhand in the Dirranbandi area and the loss of licence would impact on him, Mr Corbin submitted.

Burke pleaded guilty to the charge.

Acting Magistrate Lisa O’Neill fined him $550 and disqualified him from holding or obtaining a driver’s licence for four months.