How drunk driver who went on a massive tequila bender managed to avoid a two-year ban through a bizarre legal loophole
- Hefeng Li had so much tequila he could not do a breath test after five attempts
- He was found asleep at the wheel by police and couldn't complete a breath test
- Li was charged with failing to submit a breath test instead of drink-driving
- The 30-year-old is believed to have been in the high-range blood alcohol level
A delivery driver who was so drunk on tequila managed to avoid a drink-driving charge because of a bizarre legal loophole.
Hefeng Li, 30, was found asleep at the wheel on Padstow Road at Eight Mile Plains, in Brisbane's south, by police at about 11pm on March 21.
He was so drunk that he was unable to do a breath test despite five attempts by police and was charged with failing to submit a breath test instead of drink driving.
Holland Park Magistrates Court (pictured) heard on Wednesday that Hefeng Li would have returned a high-range reading, but did not complete the breath tests
Li has only lost his licence for six months rather than two years because of the loophole in the legal system, Courier Mail reported.
Failing to submit a breath test carries a mandatory disqualification of six months rather than two years for high-range drink driving.
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Holland Park Magistrates Court heard on Wednesday that Li would have returned a high-range reading.
Li pleaded guilty to the lesser charge of failing to submit a breath test, has lost his licence for six months and was fined $1,000.
According to Police prosecutor Sgt David Low when he was found in his car Li had bloodshot eyes, 'was unsteady on his feet, slurring his words and smelt strongly of alcohol'.
Hefeng Li, 30, was found asleep at the wheel on Padstow Road at Eight Mile Plains, in Brisbane's south, by police at about 11pm on March 21 (stock image)
Li told police he had been drinking tequila shots with a friend but could not remember leaving and was taken to Upper Mount Gravatt Police Station.
While there he could not give a breath sample for lab analysis despite trying five times.
Li on Wednesday told the court it was his first time drink-driving as Magistrate Simon Young said failing to submit a breath test was the 'lesser of two evils'.
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