Driver claims mouth ‘contaminated’ before roadside test
A MAN claimed his mouth was "contaminated" with ice when his drug-affected passenger fed him chocolate Maltesers in front of police.
Eric Barry Ryan returned a positive road side test when officers pulled his vehicle over at Molendinar on October 31, 2018.
Ryan, who claimed he had "encountered all sorts of trouble" through the dating scene following the split with his wife, had his car searched by police. They found 0.03g of ice and a suspected drug utensil.
Queensland Police Service policy states if a positive result is returned a second saliva test will be conducted. Ryan did not comply with the second test back at the station.
He pleaded guilty in the Southport Magistrates Court on Thursday to possession of dangerous drugs, failing to provide specimen of breath for analysis or blood for test on requirement, and a related charge.
Ryan, who self-represented after his lawyer withdrew earlier in the day, said his passenger "contaminated" his mouth.
"When the police approached my vehicle (the passenger) was actually feeding me Maltesers," Ryan said.
"(The passengers) behaviour in the police statement was that she was behaving in a bizarre fashion, which is indicative of being a drug user.
"It was a very reasonable conclusion that my mouth was contaminated. As soon as the police saw that happening they stopped me immediately and the test was done after that."
He said it was a surprise that drugs were found in the car.
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Magistrate Pamela Dowse placed Ryan on a $100 three-month good behaviour bond for the drug offences and ordered he undergo drug diversion.
His licence was disqualified for six months and was fined $400.
She took into account three days that Ryan had spent in custody.
His plea followed bizarre scenes in which Ryan indicated he would plead guilty early on Thursday, before changing his mind, which led to the withdrawal of his lawyer, to only backflip again in the space of three short hours.
Had the matter gone to trial Ryan wanted to cross examine all witnesses and have a woman living in France, his passenger at the time of the offence, give evidence over the phone.
No conviction was recorded.
Originally published as Driver claims mouth 'contaminated' before positive roadside test