Cops ordered to pay drunk unlicensed Mount Morgan driver

THE Commissioner of Police has been ordered to pay a Mount Morgan drink driver $1800 after the court of appeal overturned a magistrate's guilty verdict for failing to stop for police.

On September 15, 2014, Tammy Ann Williams was found guilty of dangerous operation of a motor vehicle, unlicensed driving, drink driving and failing to stop a motor vehicle.

She had pleaded guilty to the first three counts but had tried to have the last charge dropped.

The charged stemmed from an incident in Mount Morgan on January 26, 2014 when police were conducting a random breath test on Dee St.

The police began to follow Williams after she drove past them. A police officer said after activating their lights they saw Williams' car for about five to 10 seconds, and then for another five seconds after it was temporarily obscured.

The original magistrate concluded that Williams could have had visual evidence of the lights being activated, and believed a reasonable person could have stopped their vehicle.

However, the judge in the appeals court found evidence from the two police officers "was lacking in clarity".

One officer guessed she was about 500 metres in front, while the other guessed about 300 metres.

Police finally caught up to her when she parked her vehicle on Pepperina Lane.

Williams said she had not seen the police, however the court also heard she could not remember much of what happened.

The judge said the police vehicle did not get close enough for there to be no doubt that a reasonable person would have seen their direction to stop.

He found Williams not guilty and ordered the Commissioner of Police to pay Williams $1800 within 28 days.



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