VIRAL: A still image from the YouTube video.
VIRAL: A still image from the YouTube video. Alex Easton

Man's fight over breath test refusal takes new twist

A POMONA man whose alleged refusal to provide a breath test went viral when he posted video of the incident to YouTube has been arrested after a dramatic outburst in court.

Christopher James David Summers appeared in Noosa Magistrates Court today charged with failing to supply a specimen of breath when pulled over by police on November 14 last year.

The case had been adjourned in December when Mr Summers, representing himself, used Commonwealth law as a defence and asked for an adjournment to seek legal advice.

Today, Mr Summers refused to enter a plea based on legal advice from a friend who he told the court was not a lawyer.

When Magistrate Hayden Stjernquist entered a plea of not guilty on his behalf, Mr Summers declared that the magistrate could be jailed for 10 years and "removed" for entering the plea.

Mr Summers was ordered to leave the court but refused, saying "we are not finished here" and continuing to talk.

After refusing two more requests to leave, Mr Summers was arrested.

A man watching from the public gallery then stood up and yelled "we are all witness to this magistrate entering a plea for him".

He was also ordered to leave.

A woman who started filming proceedings on her mobile phone was arrested when she refused to hand over the phone to a police officer, yelling "don't touch me" as she was taken into custody.

Mr Summers and the woman were still being held in custody late yesterday and police had yet to lay charges over the court incident.

He will appear back in Noosa Magistrates Court on March 3 to face the failing to provide a specimen of breath charge.

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