‘I, Claire Bauer, refuse to provide a specimen’
A MOTHER declared her refusal to give a breath specimen after she was pulled over by police with her daughter in the car.
On February 1, Bowen woman Claire Anne Bauer was stopped by police on John St, Bowen about 7.35pm for an RBT.
Police prosecutor Sergeant Emma Myors said Bauer Baurl, who was driving with her daughter in the car at the time, tested positive during the roadside RBT and was also driving on a demerit point suspended licence.
The Bowen Magistrates Court heard Bauer was taken to the Bowen Police Station for further breath analysis, where she became argumentative with police.
Bauer told police she would not give a breath specimen, being told she would be charged if she didn't, Sgt Myors said.
"When the breathing tube was outstretched to (Bauer), she declared 'I, Claire Bauer, refuse to provide a specimen'," she said.
"When she was told again she would be charged if she didn't provide a specimen, she said 'I don't give a f---'."
Duty lawyer Peta Vernon said the 35-year-old mother of five had recently left her job and was looking to move from Bowen, to Rockhampton, for work.
Bauer said she was in a "poor frame of mind" and had recently resigned from her job as she was unable to continue employment without a licence.
During sentencing, Magistrate James Morton asked Bauer, "are you, Claire Bauer, about to take my penalty?'"
Bauer pleaded guilty to driving on a suspended licence and failing to provide a specimen of breath for analysis.
For both charges Bauer was fined a total of $1650 and disqualified from driving for two years, three months. Convictions were recorded.