Learner driver fails in claim he downed a bottle of brandy after the crash

A 44-year-old man has failed to convince a court his reading of up to .268 while on L-plates was the result of drinking alcohol after a crash.

The man, formerly of Terang, appeared at the Warrnambool Magistrates Court on Thursday, November 30 where he was found guilty of drink-driving offences.

Whether he was driving at the time of the crash was not in question. Rather, he had disputed a charge of drink-driving which was laid after he lost control of his motorbike at a sweeping left-hand bend on the Princes Highway on November 30, 2019 between 1.45am and 2.10am.

He had pressed that his wheel had caught something on the road therefore causing the accident, not alcohol. He said he began drinking from a 500ml bottle of brandy after the crash, before lying back on the road where he was found by a witness who called triple-zero.

He was airlifted to hospital with injuries to his arms.

Magistrate Simon Guthrie said he didn't believe the logic or viability of the man's movements post-incident.

"What I have concluded from all of this is that in the early hours of this day in question you - a learner or on learning plates - (decided) to drive from Terang to Warrnambool whilst intoxicated significantly over an argument with your partner," he said.

"(It was at) such a speed - nobody's saying you were speeding - that the bike you were riding travelled some 92 metres.

"...I simply don't accept you were able to get up and run some 40 metres, stand by the bike and consume a bottle of alcohol that was in your tail bag."

The man was found guilty, had his licence disqualified for 23 months, placed on an adjourned undertaking and ordered to pay $750 to the court fund.

He will also be required to attend and participate in a road trauma awareness seminar.

EARLIER:

A learner rider filmed himself pretending to drink from a bottle of spirits while wearing a helmet in an attempt to convince a court his reading of up to .268 was the result of drinking alcohol after a crash.

The man, previously of Terang, gave evidence in Warrnambool Magistrates Court on Monday, November 27, 2023.

He is disputing a charge of drink-driving which was laid after he allegedly lost control of his motorbike at a sweeping left-hand bend on the Princes Highway on November 30, 2019 at 2.10am.

The court was previously told the man's bike slid 92 metres on its right-hand side before coming to a rest on the side of the road.

He was located about five metres from the bike by a witness who rang Triple-0.

The speed limit on that stretch of road is 100kmh.

He was airlifted to Royal Melbourne Hospital where he allegedly recorded a blood alcohol content of .206

But an expert forensic analysis estimated the man's reading to have been between .237 and .268 at the time of the collision.

The analyser alleged the man would have been incapable of having proper control of the motorbike.

The man, who was aged 41 at the time of the crash, was on his motorcycle learner permit.

Alan Middleton, representing the accused man, previously told the court it was not disputed his client was driving the motorbike at the time of the crash.

But he said his client had access to a bottle of alcohol which he consumed immediately after the collision.

Mr Middleton said the man was severely injured, in a great deal of pain and didn't know how long it would be until he was found and transported to hospital.

On Monday the court was shown a video filmed by the man at his home on October 31, 2023.

He was wearing a blue singlet and a motorbike helmet, and was holding an empty bottle of spirit.

In the video the man used his mouth to remove the lid before pretending to drink from the bottle.

During cross examination he agreed in his video demonstration he wasn't wearing the same thing as at the time of the crash, which included protective motorbike gloves, jacket and a different helmet.

He did not agree the additional clothes would have impeded his ability to drink from the bottle.

Police prosecutor Senior Constable Bec Clark urged the court to place "little to no weight" on the video which was tendered to the court as evidence.

Magistrate Simon Guthrie questioned why the man didn't wear the same clothes as the night of the 2019 crash.

He said he'd have thought the gloves and jacket were "obvious things" to wear during a demonstration.

He said he was cut out of the jacket by emergency services.

The magistrate must decide whether the man is guilty of drink-driving.

He will hand down his decision at a later date.