It is unusual, however, if that position is by the side of the road, in the middle of the Nowra CBD, underneath an adult sized motorbike that’s just fallen on top of you.

And yet that’s exactly what happened to Brandon Mitchell Burt on the evening of April 5 this year.

A witness was walking on Graham Street just after 7pm when they saw the 26-year-old riding a Suzuki motorcycle along the roadway.

All appeared fine at first, however the witness said just moments later they saw the bike mount the footpath and drive along it for a short period of time before returning to the roadway.

Burt was then seen to pull the bike to the incorrect side of the road and stop next to the northbound kerb, however as he brought it to a halt he lost his balance and the bike toppled over, coming to a rest on its side with Burt still underneath it.

He then passed out asleep with the bike still on top of him. Officers arrived a short time later and woke Burt, who was disorientated, telling police he couldn’t remember how the bike came to be lying on top of him.

Officers removed Burt from under the bike, at which time they noticed a strong smell of alcohol coming from him.

They also observed him to be unsteady on his feet and his speech was slurred, but he denied having had anything to drink when asked.

Unconvinced, police ordered Burt to undergo a breath test, which returned a positive reading.

He was arrested and taken to Nowra Police Station where he blew 0.151 – more than three times the legal limit for a fully licensed driver.

However, as a P-plater, Burt was required to have zero alcohol in his system.

He told police he’d drunk four cans of pre-mixed bourbon and cola before hoping on the bike.

Burt was charged with high range drink driving and ordered to front court in Nowra, however failed to show up, prompting the magistrate to convict him in his absence and issue a warrant for his arrest.

Burt was apprehended in the Illawarra on Thursday and put before Wollongong Local Court, where his lawyer said he accepted the conviction.

He was granted bail ahead of his sentencing in Nowra court next month.