A man who refused to take a random drug test because he felt 'targeted' by police received an additional charge for testing positive for drug-driving just months later.
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Shane Brian Moss, 46, came before Griffith Local Court on Wednesday charged with those two offences.
On February 2, Moss was pulled over for a random breath test on Blumer Avenue.
Giving a breath test which returned a negative reading, Moss was then asked for a drug test, and he told police "I refuse."
He was informed that refusing the test would get him arrested, yet Moss wouldn't budge.
He was taken into custody, and another drug test was requested.
Moss still refused, saying "I just wanna go home."
Five months later, Moss was once again pulled over for a random breath test while riding his Honda motorbike on Binya Street.
Police say he was reluctant to take the test, saying "this is harassment."
He tested positive to having methylamphetamine and cannabis in his system.
When he was told he was under arrest to take a second test at the station, he said "you're joking aren't you. You serious?"
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Facts tendered to court said Moss's mood fluctuated between compliant to "uncooperative and argumentative."
His legal representative Barry Bunton said his client had been pulled over a number of times in the lead up to his refusal.
He was stopped 11 times recently and got sick of it
- Barry Bunton
"He says this is why he refused... he was stopped 11 times recently and got sick of it," Mr Bunton submitted.
He said Moss hadn't driven since July, having no vehicle, and was trying to seek rehabilitation but hadn't found anything "suitable" to his situation.
But Magistrate Joy Boulos said "you just can't refuse."
"I accept that maybe you were targeted, but you have a history of these kinds of things," she told Moss.
He was convicted, fined $330 and disqualified for 12 months for his refusal.
As it was his third time in court for driving under the influence of drugs, she said, he was convicted, fined $660 and disqualified for 12 months, backdated to July.