A Chifley man said medication taken for a rare skin condition was to blame for his decision to drive with alcohol in his system while disqualified.
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Peter Preston was refused bail in the ACT Magistrates Court on Saturday, after police said he was involved in a single-vehicle motor collision in Waramanga on Friday night.
Police evidence in court said the vehicle driven by the 28-year-old was found on the side of a road about 8.30pm, with roadside tests showing the presence of alcohol in his system.
Mr Preston was charged with driving while disqualified, after his license was suspended for two months from February 26.
Duty defence lawyer Hugh Jorgensen said the defendant suffered from a rare skin condition known as Darier disease, which effectively caused the man’s skin to crawl.
“He instructs [me] he is the only person in the ACT who suffers from that condition,” Mr Jorgensen said.
“As a result of that he is required to take significantly high doses of medication, and as a result sometimes his thoughts can become muddled.
“[It was] simply an error of judgment based on the combination of the potent medicine he had taken and the small amount of alcohol he had taken.”
Prosecutor Sarah McFarland opposed bail, based on the defendant’s prior instances of driving while disqualified, as well as a two-year disqualification imposed from 2009.
A police constable, reading from the statement of facts, described a “spontaneous utterance” by Mr Preston made at Canberra Hospital on the night of the incident, where the driver was taken for testing.
“Yeah I know I’m disqualified, I don’t give a shit – it’s just a piece of plastic and I’ll drive when I want,” the officer read.
Mr Preston denied he made the comment, and disputed the police description of a single-vehicle accident, saying someone ran him off the road.
“He asserts that a car side-swiped him,” Mr Jorgensen said.
The prosecutor said further charges for driving while affected by alcohol and drugs could be laid, as police stated Mr Preston acknowledged he had been taking marijuana on the same evening.
Magistrate Peter Cook refused to release the defendant ahead of the next court date later this month.
“You have looked at the orders of the court arguably with contempt,” Mr Cook said.