Monday,
23 December 2024
Driver couldn’t complete breath test

Drink driving offences in 2006, 2008, 2009, 2011 were taken into account when Tanya Lee Smith handed a jail sentence, to be served in the community, when she appeared in the Local Court on November 26 charged with another alcohol related driving offence.

After considering Smith’s previous record, magistrate Rana Daher jailed Smith for eight months jail on charges of refusing or failing to submit to a breath test and negligent driving.

Smith, 60, of Wellington Street was also disqualified from driving for six months and a 24 month interlock order placed on her licence.

The court also fined her $700.

“She wasn’t sober enough to provide enough breath for a breath test,” magistrate Daher said after reading police documents presented to the court.

“She is a serious risk to the community,” Ms Daher said.

“This is her fifth (drink driving offence).

Smith’s previous offending saw her charged with two mid range, one low range and one high range drink driving offence.

Police documents revealed around 8.40pm on September 28 this year Smith drove her car into a footpath where she collided with a mailbox and water meter in Wellington Street, ending up in a vacant block.

A Wellington Street resident found her in the driver’s seat of her vehicle and due to his belief she was intoxicated removed the car’s keys before calling police.

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When police attended they witnessed Smith walking around her car, stumbling and slurring her words.

According to the police documents Smith was given “many” attempts but was unable to provide enough breath for a breath test.

Believing she was intoxicated police placed her under arrest taking her to Cowra Police Station where three unsuccessful attempts were made at her conducting a secondary test.