A MAN who tried to get his bogged car out of the mud has been disqualified from driving and fined $500 after being convicted of drink driving.
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Ryan Anthony Miller, 22, of Stewart Street, appeared before Bathurst magistrate Michael Allen, charged with mid range PCA.
His solicitor Shane Cunningham said his client came before the court knowing he would receive a disqualification period, but the question he submitted was what length of disqualification he would receive.
Police facts tendered to the court told how on November 11, Miller was arrested by police at Mount Panorama, driving with a blood alcohol reading of 0.112.
Police alleged Miller came to their attention because of his manner of driving, saying he was revving the car’s engine.
Mr Cunningham said his client agreed with the facts.
“He had been at home and had a couple of drinks, when his cousin arrived and asked if he wanted to go for a drive.”
Mr Cunningham said Miller agreed but told his cousin she would have to drive, and the pair took his Nissan Patrol out, stopping at various points to talk to friends, before driving to Mount Panorama to look out over the town.
Mr Cunningham said the offence was committed the day after the region had received its first significant rain in some time. He said his client’s cousin bogged the motor vehicle in McPhillamy Park, and she was unable to move the vehicle. Miller then attempted to move the vehicle.
Mr Cunningham said the police facts noted his client came to the attention of police because of his manner of driving, but told the court that was Miller trying to get the car out of the bog.
“He was successful, moved the car 150 metres to dry ground and stopped to change drivers when he was pulled over by the police,” he said.
Mr Allen said he accepted what Mr Cunningham said, but added the matter called for a conviction.
Mr Allen said he was prepared to reduce the disqualification period to the minimum because of Miller’s real need for a driver’s licence.
He then told Miller he had to value his driver’s licence more.
Mr Allen disqualified Miller for the minimum mandatory period of 12 months with section 225 (3) to apply. He was also fined $500.