A WARWICK man had both alcohol and marijuana in his system when he "ran down" a rival in his car and hit him in the head with a tyre checker, a court has heard.
Stephen Andrew McConville walked from court with a $1900 fine and a 12-month driving disqualification this week, after pleading guilty to dangerous operation of a motor vehicle and drink driving.
Police prosecutor Steve de Lissa told the court police officers responded to a 000 call on December 14, which indicated a 4WD had run down a pedestrian in Dragon St.
Evidence from the scene indicated McConville's vehicle had mounted the kerb and travelled about 30m on the footpath before braking heavily. Skid marks were located on the concrete footpath.
The court heard the two men had become entangled in a physical fight at McConville's house minutes before the incident.
The victim told police he had walked about 600m from McConville's home when he heard a vehicle "roaring" up the road.
He added that as he turned around he was hit by McConville and the impact threw him a distance of 60m and into a Dragon St resident's front yard.
The victim suffered bruising to his head and ribs and a number of scratches.
A blood sample taken from McConville indicated he had a blood-alcohol level of 0.101 and marijuana in his system.
The 40-year-old admitted to police he had smoked two "cones" earlier that day.
Defence solicitor Phillip Crook told the court his client denied driving at or into the victim and said the offence was "minor" in nature.
McConville maintains he drove onto the footpath to stop the victim getting past him. Mr Crook said McConville took the tyre checker, which resembles a small baseball bat, from the victim but did not hit him with it at any point.
A DVD sparked the earlier fight between the two men and Mr Crook said McConville bore the brunt of it.
"(The victim) came to my client's home, brought a shovel and gave him a decent flogging," Mr Crook said.
- Man "ran down" another after the two men had a fight on December 14
- 40yo fined $1900 and taken off the road for 12 months as a result
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