80yo woman off the road

AN 80-year-old Jerrabomberra woman who police allege refused to undergo a random breath test will not be allowed to drive until her case is heard in February.

Monaro Highway Patrol officers stopped Normafaye Hutton for a random breath test (RBT) along Lanyon Drive at about 3.15pm on Thursday, November 7. However they allege she refused to participate in the test and "smelled strongly of alcohol."

Ms Hutton entered pleas of not guilty to the charges at Queanbeyan Local Court on Monday, and will reappear in court on February 12.

Police will allege during the hearing that they directed Ms Hutton's silver-coloured Toyota Paseo to enter the RBT site, but that the vehicle continued driving. Other officers tried to flag down the car, and it eventually stopped about 20 metres further on.

Police arrested her at the scene and took her to Queanbeyan Police Station, where it's alleged she refused several requests to undergo a breath-analysis test.

Her solicitor applied for a stay on the standard licence suspension until the charges were heard, citing the fact that Ms Hutton had an excellent driving record over the last 60 years, and needed her car to attend appointments.

However Magistrate Doug Dick refused the application.

"It's clear that the parliament's intention on offences such as this is that the licence be suspended [until trial]," he said.

"The suspension is to operate on untested evidence.

"While I have a great deal of personal sympathy, I cannot grant the application."

Smartphone
Tablet - Narrow
Tablet - Wide
Desktop