MISAPPREHENSION: Luke Russell Harvey wanted to avoid a breath-test — and found he was under the limit anyway.
MISAPPREHENSION: Luke Russell Harvey wanted to avoid a breath-test — and found he was under the limit anyway.

Man fined for 'panicking' and avoiding RBT — for nothing

A GYMPIE man was convicted fined $1200 for trying to force his car through a police roadblock in August.

Noosa Magistrates Court on Tuesday heard Luke Russell Harvey, 34, at 7.07pm on August 18 failed to follow a police instruction to stop driving his silver Holden Commodore through a temporary road closure on Cooroy Noosa Rd, Lake Macdonald, where power lines had been downed following a traffic accident.

Police said Harvey pulled out of queuing traffic suddenly, travelled past other vehicles, and accelerated toward the crash scene when a police officer tried to wave him down with a torch.

Harvey's vehicle subsequently left the road and Harvey was arrested.

Harvey told the court he had "panicked" as he thought he was over the drink-drive limit and did not want to be breath-tested.

Magistrate Haydn Stjernqvist said he had been advised Harvey's car had hit a tree.

"I just missed it," Harvey said.

"It jumped out the way?" Mr Stjernqvist quipped.

Harvey was subsequently breath-tested at the scene and found to be under the limit.



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