Under .05 yet over the limit thanks to licence mix-up

TOOWOOMBA motorist Ronald Damian Marshall would have to be considered a little unlucky.

The 40-year-old was pulled over by police on Mort St about 8.40pm, January 16, for a random breath test.

He blew 0.045 which under normal circumstances wouldn't be over the limit except that checks of his driver's licence found he was two weeks from completing a driving disqualification.

Because he was effectively unlicensed, he was subject to a zero reading because he shouldn't have been driving anyway.

He pleaded guilty before Toowoomba Magistrates Court to drink-driving and disqualified driving.

His solicitor Phil Stainton said his client believed the disqualification period had elapsed, though he conceded he hadn't checked with the Department of Transport.

His client suffered chronic depression and anxiety which at times affected his memory, Mr Stainton submitted.

Acting Magistrate Roger Stark fined Marshall $1500 and disqualified him from driving for the mandatory two years on the disqualified driving offence and another three months on the drink-driving charge.

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