Drink driving
Posted: Wed Aug 17, 2011 11:29 pm
If Christopher Petrie had been drunk and riding a horse he would not have been in so much trouble.
But riding into town on his home-made motorised ice-box - known as an esky in Australia - was a different matter altogether.
Mr Petrie, 23, appeared before Noosa Heads magistrates' court north of Brisbane charged with riding the blue and white esky, fitted to a four-stroke motor, while under the influence of alcohol.
After a few drinks, Mr Petrie and a friend decided to take the unusual vehicle for a test drive, but they were soon intercepted by police.
Senior Sergeant Tony Melmeth told the court that the esky was travelling at 'approximately 20km per hour' when the pair were stopped and a random breath test was carried out.
Mr Petrie was found to be a little over the limit and also admitted that he did not have a driving licence.
His solicitor told the court he did not realise a motorised esky was classified as a motor vehicle and had not intended to break the law.
Magistrate John Parker said he accepted that Mr Petrie did not think it was a motor vehicle - then asked him whether the ice box was 'loaded' when he was intercepted by police.
The court was then informed that 'the esky was holding three cans of Bundaberg rum and coke and some ice.'
The magistrate admitted that he had to consult the statute books to satisfy himself that the esky was indeed a vehicle.
'It's an unfortunate situation,' said the magistrate. 'If he'd been drunk on a horse he'd have been OK.
'Nevertheless, you were in a motor vehicle - on a motor vehicle - and there must be a penalty.'
He imposed the minimum mandatory penalty of nine month's disqualification for driving under the influence, with an additional month for not having a licence.
Mr Petrie was also fined £300.
Later Mr Petrie told The Noosa Journal: 'My mate and I thought it would be a bit of fun, but I understand I've done the wrong thing.'
He added that the esky 'has got me into a bit of trouble. It might be time to get rid of it.'
Read more: http://www.dailymail.co.uk/news/article ... z1VKdMsd7Q
