A WALKERSTON man has been fined and disqualified for drink-driving although he was not actually driving when he was charged by police.
Brady Mitchell Baldwin, 19, pleaded guilty to drink-driving in Mackay Magistrates court this week.
Prosecutor Senior Constable Duncan Erskine said that at 3.50am on February 13 this year police breath tested Baldwin when he was sitting in the driver's seat of a car at the intersection of Victoria and Macalister Streets.
His blood alcohol was 0.031% and he was on a provisional driver's licence, which requires a zero reading.
Baldwin told police he'd been at nightclubs Movidas and Rabbit Hole.
He said he had been waiting for a friend to return to drive him home, but he was waiting with the air conditioning on.
Baldwin told police he didn't know it was an offence to have keys in the ignition when he had been drinking.
Defence solicitor Catherine Luck told the court that Baldwin's friend, who had been designated driver on the night of the offence, had seen some friends in the CBD and gone to speak with them.
He gave Baldwin the car keys so he could sit in air conditioning while he waited for a lift home.
She said the friend had provided a statutory declaration to police.
Magistrate Nerida Wilson said she accepted Baldwin's offending had been unintentional but a disqualification period was mandatory.
"I'm prepared to accept that this was a complete misunderstanding," she said.
Baldwin's licence was disqualified for three months, and he was fined $350.
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