A Port Kembla driver has denied suggestions she told police she wouldn’t provide a sample of her saliva for drug testing because she’d just performed oral sex on her boyfriend.
Police claim the woman offered up the curious reply as reason for not participating in a drug test after she was stopped while driving an unroadworthy car on Wentworth Street on July 13.
Court documents said the woman produced a provisional driver’s licence at the request of police however became “argumentative and belligerent” when asked why the vehicle wasn’t displaying P-plates.
Officers eventually got her to take a roadside breath test, which returned a negative reading for alcohol, however she refused to participate in a drug test, saying it was “not in the Constitution” and claimed the officers were “picking on her”.
She was taken to Port Kembla Police Station where she again refused to give a saliva sample for a drug test.
Officers claim the woman told them she didn’t know what drugs her boyfriend might be on, that she had recently performed oral sex on him and didn’t “want to get done for anything he has been taking”.
She was charged with refusing to submit to an oral fluid test, refusing to provide an oral fluid sample, driving an unsafe vehicle and not displaying P-plates.
She was convicted in her absence after failing to front court in August however accepted the convictions when she attended court last week.
In a sentencing hearing on Wednesday, defence lawyer Paul Cramer said his client denied making the “unusual” oral sex comment to police and was “mortified” and “deeply embarrassed” to see them in the fact sheets.
He said the woman had refused to take the drug test as she’d been convicted of a drug-driving offence in Wollongong court in November last year, much to her annoyance, and “didn’t want to get conned again by the system she had a grievance against”.
Mr Cramer sought leniency for the woman, saying she studying physics at university, had a limited income and was currently 18 weeks pregnant with her second child.
Magistrate Peter Thompson agreed to reduce the fines on account of the woman’s financial circumstances and the embarrassment she’d suffered.
He imposed three fines totalling $1200 and disqualified the woman from driving for six months.