A motorist who provided a mid-range blood alcohol reading in a preliminary breath test has hung on to his licence because of a faulty testing machine.
Table Top man Jake Rodney Neville Meredith-Clarke had a reading of 0.128 when stopped in North Street, North Albury, on August 28.
He was arrested and taken to the Albury police station.
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But because of "technical issues" with the breath analysis machine at the station, Meredith-Clarke could not provide a breath sample for analysis.
Instead of being charged with having a mid-range prescribed concentration of alcohol he was charged with an alternate count of driving a vehicle while under the influence of alcohol.
Defence lawyer Mark Cronin submitted to Albury Local Court magistrate Richard Funston that this was unfair on his client, as the charge laid had penalties equivalent to that of high-range drink-driving.
That translated to a 12-month licence disqualification, followed by two years with an interlock device.
Mr Funston agreed with the submission.
He said "the fact the breath analysis machine" wasn't working "has to go in favour of the accused".
"I'm going to take the very unusual course and not record a conviction."
Mr Funston instead placed Meredith-Clarke on a two-year conditional release order, which allowed him to keep his licence.
Meredith-Clarke, 26, had earlier pleaded guilty.
The court was told that Meredith-Clarke was seen driving a black Holden Commodore along Mate Street when he turned on to North Street.
He "accelerated harshly, causing an unusual noise" so police turned on their vehicle's lights and sirens and pulled him over.
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