![A Goodooga man received a conditional release order with conviction in Dubbo court. File picture A Goodooga man received a conditional release order with conviction in Dubbo court. File picture](/images/transform/v1/crop/frm/175630965/4dea90e0-ff6e-4b0a-bc59-15c348745c94.jpg/r0_0_1200_675_w1200_h678_fmax.jpg)
An intoxicated driver who sat on a passenger's lap and then ran from police to avoid being breath tested was convicted on Thursday, March 30.
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Goodooga's Adrian Brown, 24, pleaded guilty to driving under the influence of alcohol, resisting a police officer during arrest, and possessing a prohibited drug.
Court documents state Brown was driving along Victoria Street in West Dubbo at 2.45am on March 5 last year when he was seen by patrolling police.
Police were travelling in the opposite direction and made a U-turn to stop the silver Holden Commodore driver for a random breath test. The vehicle stopped at McKenzie Street and police pulled up behind.
Brown was seen climbing from the driver's seat into the back passenger side seat. The driver's seat window was down. Police looked inside and saw him sitting on a woman's lap seated on the passenger side.
The court was told another passenger in the back middle seat nodded her head to confirm the police's opinion that Brown had been driving.
When Brown exited the vehicle, he appeared to be "slightly unsteady" on his feet and his speech was "slightly slurred". Police said he smelt strongly of liquor.
Brown was asked for identification at which point he ran. Police briefly pursued Brown before losing him along Corbett Avenue.
Without a breath test, police said taking action in potential traffic matters would be difficult. However, they concluded Brown was moderately affected by alcohol at the time.
About 3.50pm on March 10 this year, Brown went to Dubbo Police Station report on bail for a previous matter. Police conducted checks on him, found him to be in breach of bail and arrested Brown.
When he was asked to comply with a search he began saying he was not under arrest.
The court heard two constables held Brown's arms to escort him into the custody cell. At the entrance, Brown began "screaming" saying he had done nothing wrong. He dropped his body weight and began kicking his legs.
Police lowered him to the ground as he continued to scream, tense his body and tried to avoid being arrested. Brown was eventually handcuffed and lifted by police into the cell.
When his waist bag was searched, police found "multiple" clear resealable bags containing cannabis, they weighed 15 grams in total.
Defence solicitor Naadirah Sathar said her client had a limited criminal history and had not drunk alcohol since moving to Goodooga.
She said Brown wanted to engage in alcohol and other drug (AOD) counselling in Lightning Ridge, where the closest AOD service is located.
Given his remote address and reduced public transport options, Ms Sathar requested the court for a minimum driving disqualification period.
Magistrate Aaron Tang gave Brown a 25 per cent discount for an early plea of guilty and noted his efforts to access rehabilitation services.
"Because of your limited record, I'm giving you the benefit of a non conviction on the driving matter," Mr Tang said.
Brown was convicted and sentenced to a six-month conditional release order for resisting police arrest. He received a fine of $300 each for driving under the influence and possessing cannabis. He was also disqualified from driving for a year.