A WEST Albury woman convicted last year of driving under the influence of an anti-anxiety drug has had the charge dismissed at a recent hearing.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Tara Lee Halpin, 44, of Blackmore Street, was convicted in her absence in Albury Local Court on September 12 last year.
Magistrate Tony Murray imposed a $500 fine, disqualified her for six months and ordered the court registrar to notify her of the outcome.
But the conviction and penalty were annulled on November 10 after an application to the court which indicated Ms Halpin was in hospital having an operation when her matter was finalised.
Her case proceeded recently in a defended hearing before Mr Murray following a plea of not guilty.
The original police facts tendered in September indicated Ms Halpin was followed by police after she drove from a service station in Wodonga Place at Albury in the early hours of January 13 last year.
An allegation made at the first hearing that Ms Halpin had hit the median strip was dropped at the second hearing.
She allegedly drove through a red light and was stopped by officers concerned about her driving.
When stopped for a breath test, which she passed, Ms Halpin claimed the light was green and said: “I am not affected by drugs.”
Police arrested Ms Halpin.
Senior-Constable Bonnie Richardson’s statement tendered at the hearing said Ms Halpin was irritable, unsteady on her feet, her speech was slurred and her eyes were glazed.
Constable Brenton Parnell said in his tendered statement: “The accused was irritable, had glazed eyes and was unsteady on her feet.”
Two experts provided statements in the case and one was forensic pharmacologist John Andrew Farrar, a consultant to the NSW police.
He said the reported sobriety signs are consistent with the effects of Alprazolam.
“I am of the opinion that Halpin was under the influence of Alprazolam to the extent that her ability to drive was impaired,” he said.
A report on behalf of Ms Halpin was submitted by Macdonald James Christie, a professor of pharmacology.
He said Ms Halpin instructed him she was tired due to lack of sleep and was emotionally distressed when approached by police.
“It is within my expertise to state that some of the observations are not consistent with impairment by Alprazolam.”
Magistrate Tony Murray after considering the evidence dismissed the charge against her.
