Woman refuses breath test after car crash on highway
Standing beside her crashed car, Leah Jacobs appeared unsteady on her feet, and police could smell alcohol on her breath.
Witnesses saw her drive up behind a ute on the Warrego Highway, swerve into the right lane to overtake, then back into the left-hand lane before losing control of her car and crashing.
Her Daewoo Lanos ended up in the culvert beside the highway, facing backwards towards the east-bound lanes.
Police attended the scene at Hatton Vale on November 3, but Jacobs refused to participate in a roadside breath test.
It was heard in the Gatton Magistrates Court on January 11, that Jacobs was reminded it was an offence to refuse and she would be arrested.
At the Laidley police station, she again refused to supply a specimen of breath, police prosecutor senior constable Narelle Lowe said.
Describing the accident, senior constable Lowe said there were no other vehicles involved in the accident, and it was a clear, dry, sunny afternoon with no roadworks.
Magistrate Graham Lee asked Jacobs, from Minden, why she twice refused to participate in a breath test.
"It was a horrible accident, I hit my head, I broke my ribs and I had my dog in the car - I just wanted to go home," Jacobs said.
Representing herself in court, Jacobs said she was previously charged in court for a drink driving offence in 2017 where she was issued a 12-month suspension.
She claimed there was no alcohol in her system when she crashed her car on the Warrego Hwy.
"I was suspended for 12 months and did another two years because I could not afford to put the thing in my car," Jacobs said.
"I learned my lesson; I had not been drinking."
Jacobs, from Minden, works at Tabeel Aged Care and said it would be difficult for her to get to work on weekends because there was no public transport.
"I'm guilty for not supplying a specimen of breath … I wish I had complied," she said.
Jacobs pleaded guilty to not having control of a vehicle, failing to provide a specimen of breath for analysis (BAS), and failing to provide a specimen of breath for test (Roadside).
Mr Lee said because Jacob's failed to supply a sample for a breath test, she would be deemed to be under the influence of alcohol.
"It makes it (the crash) very serious," Mr Lee said.
Jacobs was fined $1500 and disqualified from driving for seven months.
A conviction was recorded.