Proserpine Magistrates Court, Main Street, Proserpine
Proserpine Magistrates Court, Main Street, Proserpine

'Busting for the toilet' does not excuse man from speeding

BUSTING for the toilet was the excuse given to police for speeding at more than 40km/hr over the limit, by a man who was also over the legal alcohol limit and driving with no licence.

Proserpine Magistrates Court was told, on Monday, how Stephen Ian Fitzroy Murray was stopped on the Bruce Highway, on April 3, having been recorded at 142km/hr in a 100km/hr zone.

The 65-year-old, from Proserpine recorded a Blood Alcohol Reading of .199. and had no licence because it was suspended.

"At 2.26pm on April 3, Proserpine police were conducting traffic enforcement in a 100km/hr zone using a radar detector," Police Prosecutor Sergeant Emma Myors said.

"Police detected a car heading south on the Bruce Highway going in excess of 100km/hr and they could see the car leaning, so they intercepted it and the defendant said he knew he was exceeding the speed limit.

"He said he was going from Proserpine to Bloomsbury because he needed to go to the toilet. He said he had consumed alcohol in the past 24 hours including one can of VB and two glasses of home brew rum with water. He admitted his licence was suspended."

Sergeant Myors went on to tell the court how Murray was again caught for driving under the influence just three days later.

"Police were called to the O'Connell River Caravan Park at 4.40pm, on April 6, and witnesses said the defendant had left the park and travelled to Midge Point - they saw him consume a large amount of alcohol and they were concerned because he was intoxicated.

"The car was parked next to the defendant's cabin and the bonnet was hot. There were numerous cans all around.

"When the defendant opened the door, he couldn't stand up straight or walk properly and appeared disorientated. He had also defecated on himself and had faeces on his legs.

"He said he had driven to Midge Point to 'shit in the bush', as he didn't like the toilets at the caravan park. He said he was aware he was unfit to drive.

"The roadside breath test returned a BAC of .243 but due to the health risk to the defendant, police did not detain him for further testing. He made admissions he had been driving."

The defendant, who was self-represented, pleaded guilty to the four charges and said he "loved" drinking.

"I love drinking but it's getting less because I'm at that age where you don't drink too much. I drink two beers a day.

"I was busting to go to the toilet and I didn't want to do it on the Bruce Highway."

Magistrate James Morton said Murray was a danger to society, telling him, "you are not to drive a car anymore".

For the speeding offence, Magistrate Morton fined Murray $250, and for driving without a licence because it had been suspended, he convicted and fined him $500 and disqualified him from driving for two years.

For the first DUI offence, Magistrate Morton convicted and fined Murray $900 and disqualified him from driving for 12 months with a conviction recorded.

For the second DUI offence, he convicted and fined him $750 and disqualified him from driving for 15 months.

The disqualifications were 'cumulative', so were added together.