A proserpine man facing court after refusing police request for a breath test.
A proserpine man facing court after refusing police request for a breath test. Trevor Veale

An argument with girlfriend leads to a court date

A court has heard a thirsty driver only gave drinking alcohol "a good nudge" after he had returned home from driving and then refused police request to complete a breath test.  

Timothy James Teale, 49, from Proserpine, previously pleaded guilty in Proserpine Magistrates Court to failing to provide breath for analysis, appeared again in the Whitsundays court on Monday.

Police Prosecutor Sergeant Emma Myors told the court police presented to a Proserpine address in response to a domestic disturbance.

The court heard that witnesses at the time advised police that Teale had driven from the address after a verbal altercation outside his then-girlfriend's place.

At 12.30am on June 9, police then attended Teale's place where they observed his car in the driveway which was still warm to touch.

Once inside Teale's residence, police observed the man to be in an intoxicated state when he then refused to supply police with a breath test analysis.

He was then taken to the Whitsunday Police Station to the breath analysis section where he again refused to supply a sample.

Defence solicitor Elizabeth Smith told the court the father of three had started drinking that afternoon, but at a rate of one beer every couple of hours.

"It wasn't until he got home that he gave it a good nudge," she said.

"He was opening up the cans of beer, taking a sip and then filling it with wine."

Magistrate James Morton wasn't convinced by Ms Smith's explanation and said it sounded like "a load of s---".

Ms Smith told the court Teale had very little recollection of what happened that evening and said he continued to become more intoxicated as the night continued.

Teale had relevant history on his record including a road accident resulting in death and grievous bodily harm.

Mr Morton said the situation at hand was familiar to Teale considering his history.

"Let me tell you something - If someone ran over your kids in the same state you were in, how would you feel?" he said.

"You know the situation because you've killed someone."

Teale was fined $1300 and disqualified from driving for 15 months.