Woman refused breath test because her grandparents needed their car back

Apr 10, 2022

Court appearance: A Numurkah woman has faced court after refusing a breath test. Photo by Rodney Braithwaite

A driver who refused to go to the police station for a breath test has been fined $750.

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Kyeisha Boswell, 19, of Numurkah, is charged with refusing to undergo a breath test, unlicensed driving and failing to have headlights on in a vehicle.

Prosecutor Senior Constable Luke Lund told the Shepparton Magistrates’ Court police saw Boswell driving without any lights on in Numurkah Rd, Shepparton, about 3am on September 30 last year.

The court heard when they pulled her over after she turned into a service station, police discovered Boswell had never held a driver’s licence.

Sen Constable Lund said Boswell did a preliminary breath test and police formed the opinion alcohol was present.

They then asked her to go to the police station for an evidentiary breath test but she refused to go with them, Sen Constable Lund said.

The court heard Boswell told police at the time she was driving her grandparents’ car and they had to go to work at 5am.

Boswell was absent when her matter was heard in court.

The magistrate fined Boswell $750 and ordered her to pay $84.40 in court costs.

She was also disqualified from driving for two years.