NAMED: Four of Yeppoon’s driving offenders
Here is a list of driving offenders who faced the Yeppoon Magistrates Court on April 15.
Benjamin Anthony Khan - 0.119
The roofer was found by police in his vehicle, parked in a Zilzie median strip with the engine running, at midnight on March 27.
He was unresponsive and officers tried to wake him. He appeared to be intoxicated so they tried to give him a breath test.
Police prosecutor Sergeant Shaun Janes told the court Khan was uncooperative with police and tried to enter the vehicle again, so had to be restrained.
He was taken back to the Rockhampton Police Station where he blew 0.119.
“He made full admissions of being the driver of the vehicle at the time,” Sergeant Janes said.
Khan went before the court with limited history, no criminal history and nothing of a like nature.
Magistrate Jason Schubert warned Khan that police had scanners that could spot any number plates associated with disqualified drivers.
“The loss of your licence is going to cause you some detriment, I take that into account,” Magistrate Schubert said.
“But that’s part of the penalties the court imposes to stop you and other people from drink driving.
“There’s no real penalty, and if it doesn’t interfere with people’s lives, we find that people keep doing it again and again until someone dies.”
Khan pleaded guilty to being in charge of a motor vehicle while over the middle alcohol limit, and obstructing police.
He was fined $800, had a conviction recorded, and had his New South Wales licence disqualified for four months.
Maddison Rose Agius - Driving unlicensed with marijuana in her system
Police caught the L-plater on Farnborough Road driving unlicensed on January 26.
She was drug tested at the Rockhampton Police Station and returned positive for THC, Sergeant Janes said.
Agius said she didn’t know her learner licence had expired.
“I didn’t have a clue,” Agius told the court.
She said she went to pay for her new provisional licence after passing her practical test, but had insufficient funds, so the Department of Transport sent her back a learner licence.
Magistrate Schubert told the court Agius had a previous history of driving unsupervised and without showing L-plates.
“The obligation is on you to ensure you have the right licence before you drive,” Magistrate Schubert said.
Agius pleaded guilty to drug driving and driving unlicensed, and was fined $800.
She received a three month disqualification on each of the two counts, and had a conviction recorded for the unlicensed driving charge but not for drug driving.
Magistrate Schubert said it was up to TMR as to whether those disqualifications were concurrent or cumulative.
Teresa Leigh O’Reilly - 0.148, marijuana located in vehicle
The 47-year-old community volunteer and hairdresser was caught nearly three times over the limit after crashing into a sign at Emu Park on March 20.
Sergeant Janes said police found a small grinder sitting on the centre console and 21g of marijuana in the car.
“She stated she had approximately 10 cans of Jack Daniels,” Sergeant Janes told the court.
O’Reilly did not have any offences of a like nature on her record, but did have a six-page traffic history with many speeding offences, including driving more than 30km/h over the speed limit.
O’Reilly’s solicitor Felicity Davis said her client went through a bad separation five years ago and used alcohol as a coping strategy.
“She relies on a licence for her business services she offers to the disabled and other clients,” Ms Davis told the court.
O’Reilly refused a work licence and pleaded guilty to driving over the middle alcohol limit, possessing dangerous drugs, and possessing utensils.
She was fined $1500, disqualified from driving for five months, ordered to forfeit the drug items, and convictions were recorded.
“There’s no justification to make that any less,” Magistrate Schubert said about the disqualification.
Kai Duane William Sauer - Disqualified driving
He was pulled over on Short Street at 9pm on March 8, where police checks confirmed he was disqualified from driving for six months by Rockhampton Magistrates Court on January 29.
This incident landed him in Yeppoon Magistrates Court on April 15, where prosecutor Sergeant Shaun Janes said Sauer told police he was just dropping his girlfriend home.
When Magistrate Jason Schubert asked Sauer how much he thought he owed the State Penalties Enforcement Registry (SPER), he guessed $3000 to $5000.
“$5691,” Magistrate Schubert said, holding up a sheet of all of Sauer’s fines.
Sauer said he would pay the fines, but Mr Schubert replied saying he hadn’t paid anything since 2019.
“I’ve considered a term of imprisonment for you, and I could almost give you a guarantee with your record, if you come back with a disqualified driving charge once more, you would be sentenced to a term of imprisonment,” Magistrate Schubert said.
Sauer had pleaded guilty to disqualified driving.
He was ordered to perform 50 hours of unpaid community service within six months, and given the mandatory two-year licence disqualification.
READ SAUER’S FULL STORY HERE.