A probationary driver with a history of driving offences who was caught behind the wheel at more than three times the maximum legal alcohol limit has avoided imprisonment, for now.
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The Kennington man appeared in Bendigo Magistrates’ Court on Friday, where he pleaded guilty to charges relating to two incidents earlier this year.
The court heard the man was intercepted on Hargreaves Street at 3.08am on May 26, shortly after leaving a nearby licensed premises.
An evidentiary breath test recorded his blood alcohol concentration at 0.163. The maximum limit is 0.05, but for probationary drivers, it is zero.
He was supposed to have an interlock device fitted to his car due to a previous drink-driving matter, but did not.
His licence was immediately suspended.
Then on June 6, the man was pulled over at a service station on the McIvor Highway and the officers discovered his licence was suspended.
Again, there was no interlock device on the car and his vehicle was impounded.
The police prosecutor submitted a term of imprisonment followed by a community corrections order was an appropriate sentence, given the man had an “extensive” driving offence history.
Defence lawyer Robert Morgan asked Magistrate Graeme Keil to sentence his client to a community corrections order and a “hefty” fine, acknowledging he would also face a lengthy licence suspension and interlock condition.
Mr Morgan said his client had cooperated fully with police, pleaded guilty at the earliest opportunity, and was remorseful.
The man was visibly distressed throughout the hearing, as were his partner and family members, who supported him in court.
Mr Morgan said the man had also taken steps to address his alcohol use by seeing a drug and alcohol counsellor regularly, obtaining a mental health plan, and receiving a prescription for medication.
“He’s been open and frank about his alcohol problem and the need for change,” Mr Morgan said.
Mr Keil emphasised the danger of the man’s actions, talking about the impact on lives when a person was killed or permanently injured because of a drink-driver.
Mr Morgan acknowledged his client’s decision to drive was “incredibly stupid”, and said the man appreciated how lucky he was that no one was injured or killed as a result of his actions.
Mr Keil told the man he had done well since his offending, which had made a “big difference” for him.
Imprisonment was a last resort, he said, and he accepted that the man’s contrition was sincere.
Mr Keil said he wanted the man to be “positively motivated” and become a productive member of society.
The man was released on bail and ordered to comply with the requirements of the Court Integrated Services Program.
CISP is an initiative that provides an accused person access to services and support, to reduce their chances of re-offending.
The matter will return to court on November 2.
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