A 48-year-old drink driver who resisted arrest after recording a blood alcohol reading in excess of 0.08 has been told by a magistrate police officers were “just trying to do their job”.
Elizabeth Maureen Gatti appeared before Mandurah Magistrates Court on July 21, pleading guilty to one count of exceeding 0.08g, one count of assaulting a public officer and one count of obstructing public officers.
Prosecutor Sen. Const. Pat Prest told the court that on June 27, 2023, at 12.46am, Gatti had been driving along Lakes Road in Parklands when she was stopped by police. Gatti was breathalysed and returned a blood alcohol reading in excess of 0.08.
Police informed her she would be issued an immediate notice for disqualification and was asked to step out of the vehicle to accompany police back to the station.
She refused to comply with the directions given by police and instead remained seated in her vehicle, where she lit up a cigarette.
Police then intervened and forcibly removed her from the vehicle but as they attempted to restrain her, she blew smoke into one of the officer’s faces and continued to kick out and resist arrest before being placed in a police car.
The incident was captured on body-worn camera.
Gatti told the court that she had attended a close friend’s funeral the day prior and wasn’t coping well, being that she was away from home at the time.
Magistrate Leanne Atkins told Gatti that “police were just trying to do their job”.
“You blew smoke into one of the officer’s faces and while I consider this at the lower end of the spectrum in terms of assault, there is nothing more unpleasant, especially if you are a non-smoker,” she said.
Gatti proceeded to tell the court that she had emailed a letter of apology to the officer in relation to her behaviour on the day.
She was handed a 14-month disqualification, an $1800 fine and was ordered to pay court costs of $137.