A driver has been disqualified from driving for two years because she refused to put a plastic breathalyser in her mouth, Echuca Magistrates Court heard on Friday.May 19, 2014 10:33am
A woman who refused a preliminary breath test because she was opposed to plastic has been taken off the road for two years.
Terry Seymour, 53, of Tasmania, appeared in Echuca Magistrates Court on Friday, pleading not guilty to the charge on the basis of conscientious objection to the use of plastic on the breathalyser.
During the hearing, Campaspe Highway Patrol Leading Senior Constable Kris Sutton gave evidence about when he stopped Seymour for a random breath test in Echuca about 4.30pm on December 10 last year.
‘‘She said ‘I’m not doing that. I’m not putting plastic in my mouth’,’’ Sen. Constable Sutton said.
‘‘I told her ‘If you refuse a breath test, your licence may be suspended and you may be fined’.’’
Sen. Constable Sutton said he told Seymour the alternative was accompanying him back to the police station for a breath test, but that would also require her to use a plastic breathalyser.
‘‘She said ‘I don’t think that’s right that you can take my licence off me because I won’t put plastic in my mouth’,’’ he said.
Representing herself, Seymour claimed she did not reject the test and should have been offered a blood test.
She disagreed with Sen. Constable Sutton’s evidence and said she had asked on several occasions if there was any other way she could produce a sample without using plastic.
‘‘I’m glad my life isn’t hanging in the balance on the basis of your field notes,’’ she told Sen. Constable Sutton during her cross-examination of him.
‘‘In 1994, I removed all plastic containers from my household, despite having three kids. Plastic has been linked to problems such as low sperm count, altered immunity, genital defects, arthritis, endometriosis, low birth weight, development and memory problems, dermatitis, diabetes and cancer.
‘‘The law is holding me to ransom for refusing to put plastic in my mouth. I’ve done nothing wrong.
‘‘I wasn’t drink driving, speeding or posing a risk to anyone
‘‘I’m not a criminal
Seymour, who is unemployed, said she had been a professional driver for more than 30 years and was in Echuca at the time to apply for driving jobs.
‘‘I’ll be devastated if I lose my licence. I don’t know how I’m going to survive. I’ll be condemned to unemployment,’’ she said.
Magistrate Richard Wright said he could appreciate Seymour’s concerns, but the court system had no discretion since the parliament had chosen to introduce laws in relation to drink driving.
‘‘The law prescribes what a PBT device is and it is a plastic, sterile device that is discarded after use,’’ Mr Wright said.
‘‘As a consequence, I have no choice but to disqualify you from driving for two years.’’
No conviction was recorded, but she was placed on a six-month good behaviour bond.
After months of speculation, Yarrawonga’s Alan Williams has been endorsed as the Labor candidate for Murray contesting the July 2 Federal Election.
Three Yarrawonga footballers have excelled at interleague level, representing the Ovens and Murray against Hampden in Warrnambool on Saturday.
The Aboriginal and wider community is mourning the death of revered Bangerang Aboriginal elder, Uncle John ‘‘Sandy’’ Atkinson.
Fletcher and Beau Harris might have only taken up go kart racing two years ago but they’re already showing the potential for future success.
CONSTRUCTION of Rochester’s gym is well into the swing of things, with concrete walls erected early last week.
Kyabram Football Club will host a family day next weekend.
Where there’s a Will, there’s a way
Berrigan Shire councillor Daryll Morris says he has been sickened by some of the vitriol and personal attacks to surface since the council’s proposal to redevelop Finley’s Memorial Hall and School of Arts site was revealed in October last year.
RENEWAL works have resumed on the Coliban Main Channel this month.
For most 10-year-olds, mischievous isn’t a word often found in their vocabulary, let alone having the ability to spell it correctly. But for Cobram Anglican Grammar Year 5 student Cadence Pang, it’s all in a day’s work.
Plans for the release of a carp herpes virus has captured the attention of international press.
Farmers from northern Victoria will join a protest rally over milk prices in Melbourne tomorrow, Wednesday.
The News magazines are online - read high quality magazines in your time. Check in regularly for the latest editions.
Riverine Herald's well regarded locally produced magazines. They're now online, so you can read them whenever and wherever you like.
Search for published and unpublished photos from McPherson Media Group newspapers and magazines. All our photos are available to purchase.
Place an advertisement in any one of McPherson Media Group's local newspapers.