Man asleep in car fined and banned from roads after he refused breath test
A man was fined $1,000 and banned from the roads yesterday after he admitted refusal to take a breath test after he was found asleep in his car.
Tashon DeSilva, 36, pleaded guilty in Magistrates’ Court yesterday.
The court heard that police were called to a Paget neighbourhood in the early hours of November 3 last year after they were alerted to driver asleep in a car that and parked so it blocked several private driveways.
Officers found DeSilva asleep at the wheel.
Officers suspected DeSilva had been drinking but he refused to answer questions.
He was arrested on suspicion of having care and control of a vehicle while intoxicated and taken to Hamilton Police Station where he was asked to take a breath test.
DeSilva refused to take the test and told officers: “I do not answer questions.”
DeSilva, from Smiths, was charged later that year with having care and control of a vehicle while intoxicated and refusing to take a breath test.
He pleaded not guilty in Magistrates’ Court but switched his plea to guilty yesterday.
He apologised to the court and said that his actions were “out of character”.
Mr DeSilva added: “At the time I thought that it was best if I just stayed in the car.”
Senior magistrate Juan Wolffe fined him $1,000 and banned him from the roads for 18 months.
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