A man who had a panic attack when police tried to breath test him following a car crash has been convicted after a mental health application was rejected in Orange Local Court.
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Sahibpreet Singh, 29, of East Orange, pleaded guilty to refusing to submit to a breath analysis. The offence carries a penalty equivalent to high-range drink-driving.
According to court documents, police saw extensive debris from a vehicle on the road and footpath on the northern side of the Summer and Woodward Street roundabout at 1.55am on May 18.
They also saw a white car stopped with its engine running and hazard lights flashing about 100m north of the roundabout. The back of the car was badly damaged and three men were standing near the vehicle, including Singh.
Police said they smelt alcohol when they spoke with the three men and Singh nominated one of the other men as the driver saying "my friend was driving, he hit the corner and that happened," he then looked at Ankit and said "please mate".
Police separated the men and spoke with them separately and two of them nominated Singh as the driver.
Singh refused to show police his driver's licence and said the car had been parked at the location and not involved in an accident.
He then lay on the ground, held his breath and stated his heart was stopping and requested police push on his chest to keep him alive.
Once he was standing again police asked him to participate in a roadside breath test but he refused and fell on the ground multiple times saying he "needed to puke".
He was arrested for a breath analysis and was placed in handcuffs. He was lead to the back of the police caged vehicle where he became limp causing the police to have to carry him and lift him into the back of the caged truck.
Once in the back of the truck he started kicking at the doors. He continued shouting after being placed in a cell at Orange Police Station.
Singh refused to confirm his identification causing police to drive to the registered address of the damaged car where they spoke to his wife and confirmed his licence details.
Singh was then directed to participate in a breath analysis. He was given three attempts but refused to provide a sample of his breath and again fell to the ground grabbing his chest and refusing to seal his lips around the tube.
During the three attempts he kept requesting the opportunity to speak with the Indian Embassy telling police he'll "have their jobs" and "you're f--ked, wait until the embassy hears about this", he was returned to his cell where he continued to be abusive and argumentative towards police.
Singh's solicitor put forward a mental health application due to a diagnosed adjustment disorder with depression and anxiety.
The court was also told Singh was a licensed driver and had no prior offences on his record.
Magistrate David Day, however, after hearing evidence and reading supporting material determined the case should proceed as a criminal matter.
Police prosecutor Sergeant Beau Riley said Singh was a good man who "made a terrible decision and it began to snowball until he realised it was too late" but he should be convicted.
Singh's lawyer requested a non-conviction and for him to be given a second chance.
However, Mr Day determined that a conviction was required for general deterrence due to the severity of the offence and the need to deter other people from doing the same thing.
"In my view, anxiety and depression and some degree of panic that confused him does not make him exempt from general deterrence," Mr Day said.
"As far as specific deterrence, I don't think Mr Singh is going to do this again.
"He's a person of prior good character, unknown to the the criminal justice system, he must be a person of good character to enter the country."
Mr Day convicted Singh, gave him a minimum mandatory driving disqualification of four months and placed him on a 24-month interlock order.
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