A Bendigo court has heard a "rampant" swarm of mosquitoes prevented a serial drug driver from completing a drug test, meaning he faces a mandatory four years off the road.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Paul Hutchinson pleaded guilty in the Bendigo Magistrates' Court to a number of driving charges including driving while affected by ice and failing to comply with a drug test on a separate occasion.
READ MORE:
Hutchinson's defence lawyer Robert Morgan said his client acknowledged he faced the court, "due to his stupidity, which he openly accepts".
The court heard on July 22, 2022, Hutchinson was travelling in a green sedan in Thunder Street White Hills when he was stopped by police because his front headlight was not working.
Man caught driving on thin wheels and ice
He had a licence and produced a negative breath test, but an oral fluid test found he had methylamphetamine in his system.
Then on November 12, 2022, he drove the same green Ford on the Loddon Highway near the Echuca-Mitiamo Road before he was stopped by police.
He again had no alcohol in his system but preliminary tests suggested he was affected by drugs.
MORE STORIES:
The court heard he was initially compliant with an oral fluid test and was captured on body worn cameras attempting to complete the test for more than 25 minutes before he ultimately said, "I'm done with this".
Mr Morgan told the court this incident happened around the "well-documented plague of mosquitos" that sparked Japanese encephalitis warnings and diagnoses in the same area of Hutchinson's arrest.
'There are mozzies everywhere'
He told the court police could be heard in the footage saying, "there are mozzies everywhere" and Hutchinson was wearing a t-shirt and shorts.
Mr Morgan said the two police and Hutchinson were "constantly slapping themselves" and there was stagnant water nearby.
He said his client had been "very conscious of the real and present disease risk" and the test was not far from working.
Hutchinson was currently unable to work due to an injury and must now spend at least four years off the road.
Magistrate Sharon McRae acknowledged there were "unusual circumstances" but told the court she had no sentencing discretion.
Hutchinson was fined $800 with conviction and must also pay $136.70 in statutory costs.
Digital subscribers now have the convenience of faster news, right at your fingertips with the Bendigo Advertiser app. Click here to download.
Lucy Williams
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
