A Lismore man who is disqualified from driving until 2018 has been jailed after being caught with cannabis in his system.
It was about 3.55pm, when Duane Weir was driving along Casino St, South Lismore, with the owner of the car, a licensed woman, in the passenger seat and he was pulled over for a random breath test.
Police facts before Lismore Local Court on Tuesday stated when an officer asked for Mr Weir’s licence, he revealed he was breaking the law, again.
‘I don’t have one. I should not be driving,’ Mr Weir told a highway patrol sergeant.
Mr Weir then produced identification and underwent a random breath test, which proved negative.
After testing positive to cannabis on a roadside drug test, Mr Weir was arrested and taken to Lismore police station for a secondary drug test, which ultimately proved positive.
‘I smoked cannabis yesterday,’ police facts stated.
Investigations by police with Roads and Maritime Services revealed Mr Weir had never held a drivers licence.
‘The accused is currently endorsed disqualified from 22-7-2013 to 21-7-2018,’ police facts stated.
‘Checks completed by via records by the NSW Police and the Roads and Maritime Services reveal the accused has never held a drivers licence.’
When the arresting sergeant asked Mr Weir why the lady in the passenger seat, a licensed driver and owner of the car wasn’t driving, he replied ‘because she has a sore leg.’
The court heard Mr Weir had an extensive criminal history involving drug matters, but had made attempts to himself rehabilitate himself, and hadn’t been involved with Legal Aid for two years.
Magistrate Jeff Linden sentenced Mr Weir to 12 months jail, with a non-parole period of four months, on the offence of driving while disqualified.
He is eligible for release on July 13, when he must complete eight months under the supervision of Lismore Community Corrections.
As the charge of driving with an illicit substance present in blood was a first offence, it was dismissed under section 10a of the crimes act.
Mr Weir will be eligible to apply for a licence on July 21, 2020.
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