Jason Kane Stewart (42) denied charges of carrying an imitation firearm (an 8mm blank Glock pistol) and failing a compulsory impairment test (at least the third time he had faced such a charge).
The Dunedin District Court heard at a recent judge-alone trial his defence was founded on the way police dealt with him following arrest.
Under the Bill of Rights: "Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person."
Stewart claimed the officers involved in his processing treated him with such contempt that he was "shell-shocked".
His gripes included being marched into the station and put in a poncho.
From the witness box, the defendant said police lined up in the room while he was being examined, laughing at him and telling him to "grow up".
"His evidence was not evidence I could rely on," said Judge Kevin Phillips, who delivered his ruling yesterday.
"This just did not occur."
On July 22 last year, police were called to the intersection of Glenpark Ave and Maryhill Tce, where a car had hit a fence.
The first officer on the scene found Stewart slumped over the steering wheel with what appeared to be a firearm in his lap.
He called for back-up and once the imitation weapon had been seized, the defendant came round.
Witnesses described him as "groggy" but he was adamant he had not been driving.
Police must have planted the pistol, he suggested.
When asked whether he was injured or needed medical attention, Stewart said "no" — something he challenged at trial.
The officers who gave evidence said the barefooted man had droopy eyes, pale skin, was swaying, sluggish and had slurred speech.
When Stewart passed a breath-alcohol test he agreed to a compulsory impairment test.
The court heard he showed poor balance, was argumentative and unable to follow instructions.
The defendant told police he had consumed three prescription medications but a blood test told a different story.
Methamphetamine, diazepam and THC (the active constituent of cannabis) were detected.
"I consider the offending is serious ... a highly drugged-up person driving a vehicle," the judge said.
"Just through good fortune, luck — no other reason — you stand here today."
Stewart, he said, had "a most appalling history" of driving offences but he accepted the frequency of his convictions had tailed off over the past decade.
Judge Phillips sentenced him to 400 hours’ community work and banned him from driving for 13 months.
