How driver dodged disqualification after tequila bender
A BRISBANE motorist who was so drunk on tequila he was unable to perform a breath analysis test in five attempts has only lost his licence for six months rather than two years through a quirk of the legal system.
Eight Mile Plains delivery driver Hefeng Li, 30, was charged with the lesser offence of failing to submit to a breath test, which carries a mandatory disqualification of six months, rather than the two years required for high-range drink driving (0.15 per cent BAC or over).
The latter charge would also require an interlock system be fitted to Li's vehicle.
Holland Park Magistrates Court heard today that if Li's indicative roadside reading was matched by the results of the lab analysis he failed to perform, he would have returned a high-range reading.
Li pleaded guilty to the single charge and was fined $1000 in addition to losing his licence for six months.
The court heard that Li was discovered asleep at the wheel at Padstow Rd, Eight Mile Pains by police at about 11pm on March 21 this year.
Police prosecutor Sgt David Low said that Li's eyes were "bloodshot, he was unsteady on his feet, slurring his words and smelt strongly of alcohol".
Li told police that he had consumed tequila shots with his friend and couldn't remember leaving.
At the Upper Mount Gravatt Police Station, Li was unable to give a breath sample for lab analysis, failing to provide enough breath over five attempts.
Li told the court it was his "first time drink driving".
Magistrate Simon Young said the failing to submit to a breath test charge was the "lesser of two evils" Li could have faced.
A conviction was recorded.
Originally published as How driver dodged disqualification after tequila bender