Clinton John Rosewarne, 41, of Murrumbateman, came before Yass Local Court on Thursday, May 11 charged with high range drink driving.
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About 3.50pm on Monday, September 19, 2016, police received a complaint concerning the manner of driving of a car travelling north along the Barton Highway.
At 4.02pm, police saw the car travelling west on Hercules Street, Murrumbateman. Police stopped the car as it turned into Middle Street and approached Rosewarne, who was the driver and sole occupant of the car. When asked about the manner of his driving, he said he could not think of any reason why someone would ring the police about him.
He was asked to produce his licence but replied he did not have it because police had taken it several months before. Checks found he held a NSW Class C licence and records indicated it was disqualified. He advised police he had appealed the disqualification. (On appeal, a penalty is stayed (delayed) until decided by the district court.)
While speaking to Rosewarne, police noticed his breath smelt strongly of alcohol. He submitted to a breath test, which returned a positive reading. He was placed under arrest and conveyed to Yass Police Station where he underwent a breath analysis, which returned a reading of 0.109 grams of alcohol in 210 litres of breath. Rosewarne requested the services of a doctor to take a blood sample, which was carried out at Yass Hospital.
Rosewarne’s appeal against his disqualification was listed for the following day, on September 20. Due to this, police did not issue a licence suspension pending the outcome of his appeal, which was subsequently withdrawn and the licence disqualification reinstated.
In relation to his drinking on September 19, Rosewarne said he had consumed one pint and one schooner of Carlton Dry full strength beer between 1.30pm and 3.30pm at a pub in Canberra.
Magistrate Beattie sentenced him to a term of imprisonment for nine months that was suspended upon the condition he enter into a good behaviour bond for the same period of time. He was also sentenced to a mandatory interlock order with a minimal initial disqualification period of 8 months and a minimum interlock licence period of 24 months.
