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Breath test refusal leads to three-year ban, $2,500 fine

A man has been banned from the roads until 2029 after he admitted a drink-driving offence.

Joshua Fray, 28, pleaded guilty in Magistrates’ Court yesterday to refusing to take a breath test.

The court heard that an off-duty police officer found Fray on the side of a Southampton road on August 19 last year, standing next to a motorcycle with the keys in the ignition.

The officer noticed him again that afternoon, this time with someone trying to assist him.

When police arrived and attempted to speak with Fray, they saw that he struggled to keep his balance and did not respond.

He was arrested on suspicion of drink-driving and taken to Hamilton Police Station, where officers demanded a sample of breath for analysis.

Fray did not respond to requests, and was charged with refusal to take a breath test.

Fray, from Devonshire, initially denied the offence when he appeared in court last September, but changed his plea yesterday.

The court heard that he had similar previous convictions, with the most recent getting him banned from the roads until October 2026.

Senior magistrate Maxanne Anderson fined Fray $2,500 and banned him from the roads for a further three years.

She ordered that the three-year road ban start at the end of his most recent disqualification.

Ms Anderson also ordered Fray to pay the fine, along with a separate $1,200 fine owed to the courts, by the end of the day.

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