A MAN who protested he had been caught in a legal grey area was fined $700 and his licence disqualified for seven months in the Emerald Magistrate's Court last week.
Anthony Mark Barzen said he would "never have driven" if he knew the Nogoa Caravan Park site was considered public land. He pleaded guilty to drink driving.
Prosecutor Sergeant Kevin Ongheen told the court police had received a tip-off from a bottle shop attendant on September 4, that Barzen had been drinking and driving.
At about 4.15pm, police went to the Roberts St caravan park and saw Barzen driving a car between two sites.
A positive reading from a breath test done at the site saw Mr Barzen taken to the police station where he returned a blood alcohol concentration of 0.14%.
Representing himself in court, Mr Barzen claimed the bottle shop attendant had a grudge against him and his family and said he had been asked by a friend staying at the caravan park to help him move a barbecue.
It was at that time police saw him driving.
"I would never have driven if I thought it was on a public road," Barzen said.
"It is obviously a grey area (in the law)."
Magistrate Cameron Press said he took into consideration Barzen's submissions to the court and his previous history when handing down his sentence. The traffic conviction was recorded.
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