No helmet, rego or insurance … drunk bike rider rode past police station

A man caught on an unregistered motorbike not wearing a helmet in the CBD recorded a blood alcohol reading in the high-range when he was stopped by police.

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Andrew James Fernando, 31 of Tyndall Street in Kelso appeared before Magistrate Gemma Slack-Smith on May 7, 2025 to answer a string of charges relating to his arrest on March 21, 2025.

What police alleged

Police allege Fernando rode a red unregistered motorbike in George Street with no helmet, coming to their attention after he rode past a police vehicle.

He was sighted riding past the Bathurst Police Station and again in Stewart Street, where he rode up an enbankment and the motorbike stopped.

He was arrested, cautioned and searched.

In his pocket, police found a tool fitted with a knife blade and 0.54 grams of cannabis, something Fernando told police he intended to smoke.

He also made admission to riding the bike and was given a road-side breath test, which produced a positive result.

He later recorded a blood alcohol reading of 0.171 at Bathurst Police Station.

He’s been off drugs since March 21, 2025

Fernando’s solicitor, Kayana Theobald from Legal Aid, said a sentencing assesment report ordered by the court was one of the better reports she had seen, adding it was very positive and showed insight.

“It’s a positive report,” she said.

She told the court Fernando had made positive changes in his life.

He is employed, which she said helps him stay away from drugs and alcohol, and he has been off drugs since March 21, 2025. She said the knife found by police was used to fix his bike.

“He lives with his mother-in-law and [is] very remorseful,” she said.

Sentencing

Magistrate Gemma Slack-Smith noted Fernando pleaded guilty at the first opportunity to seven charges, which entitled him to a 25 per cent discount on sentencing.

She also noted he had made significant pro-social choices, secured employment and had engaged in drug and alcohol counselling.

Given the significant number of matters, she was of the view supervision would be of assistance.

Sentencing him, Ms Slack-Smith dealt with the not wearing a helmet and using an uninsured and unregistered vehilce on the road by way of a Section 10A conviction.

For driving without a licence, Fernando was convicted and fined $200 and disqualified from driving for three months.

For possession of a knife, he was convicted and placed on a 12-month Community Corrections Order with supervision, and for possession of a prohibited drug he was convicted under scetion 10A.

For the high range PCA, he was convicted and disqualified from driving for six months, from May 7, 2025 until November 6, 2025, and placed on an interlock order for 24 months.