A 36-year-old Canowindra man who asked police to complete a breath analysis for him has been ordered to undergo rehabilitation and treatment for alcohol use as part of a 12 month community corrections order at Cowra Local Court.
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Murray John Francis Scott O’Malveney was before the court charged with driving with a mid range PCA. O’Malveney was also fined $750 and disqualified from driving for six months.
According to police facts around 6.10pm on July 29 police were traveling west between Mandurama and Canowindra when they observed O’Malveney’s vehicle in front of them cross a double unbroken line.
As police continued to follow the vehicle they observed a large truck travelling in the opposite direction move to avoid a collision with O’Malveney’s vehicle.
Having stopped O’Malveney, he admitted to drinking five minutes before driving, after a 10 minute period O’Malveney’s roadside test returned a positive reading, he was then taken to Canowindra Police station for a secondary test.
While waiting to take the secondary test O’Malveney asked police, “could you just breath into this for me? I can’t afford to lose my licence”.
O’Malveney’s breath analysis returned a reading of 0.119 grams of alcohol in 210L of breath. In relation to his drinking O’Malveney told police he had consumed four schooners of home brewed beer.
O’Malveney’s solicitor told the court that her client didn't realise how much he had been affected by the alcohol and that his comment to police was a joke.
However the police prosecutor said that no one drinks four beers and expects not to blow over the legal limit, “He would have had to have drunk those beers within half an hour to not be affected by them.”
