The driver refused to give a sample of breath for testing.
The driver refused to give a sample of breath for testing.

Marriage breakdown led to man's drunken behaviour

MARRIAGE breakdown had driven a Toowoomba man to drink to the point he became belligerent with police.

Police called to a disturbance at a Newtown residence about 8.10pm, May 31, arrived to find an upset and agitated Brendan Mark Findlay standing near his car.

Telling police he wanted to leave, the 41-year-old was told to stay put but he then climbed into the driver's seat of his car and tried to put the key into the ignition, Toowoomba Magistrates Court heard yesterday.

Told repeatedly to get out of the car by police, he refused, telling police "f***ing chase me" as he tried to start the car, police prosecutor Natalie Bugden told the court.

Told he would be pepper sprayed, Findlay said "Do it ****" and he was sprayed.

He then refused to give a sample of breath for testing at the police station, Sergeant Bugden said.

Findlay pleaded guilty to failing to provide a sample of breath and obstructing police.

His solicitor Nick Smith, of Bernays Lawyers, said his client apologised to police for his behaviour and that he had since taken steps to address his issues.

His client had not had any alcohol for two months prior to this day but had relapsed after plans for a reconciliation with his wife were dashed, he said.

His client instructed he didn't think he had to give a sample of breath as he hadn't been actually caught driving but was in charge of the vehicle, Mr Smith submitted.

Without recording convictions, Magistrate Kay Ryan fined Findlay $1200 and disqualified him from driving for six months.


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