A MAN convicted of his third PCA matter has been told if he drink drives again, he will go to jail.
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Leslie Raymond Ovington, 21, of Fleming Drive, Laffing Waters, appeared before magistrate Michael Allen in Bathurst Local Court, charged with high range PCA, driving while suspended and possessing a prohibited drug. He was represented by Shane Cunningham.
The court heard Ovington, who was suspended at the time, crashed his Honda in Russell Street in the early hours of December 8 last year.
When police arrived he returned a positive roadside breath test and was also found with an ecstasy pill in his pocket.
A subsequent breath analysis by police revealed a blood alcohol reading of 0.165, which placed him in the high range.
Mr Cunningham said the explanation as to why his client was driving in the pre-sentence report was incorrect, and the incident was aggravated by the fact there was a motor vehicle accident and Ovington was a suspended driver at the time.
Mr Cunningham said his client agreed with the police facts and mostly co-operated with police.
He said his client had been out at a 21st party and got a lift home from a friend.
However, at 4.30am, Ovington received a call from a friend saying another mate had possibly overdosed. Wanting to help his friend, Ovington drove to where the friend was, but when he couldn’t find him he pulled over near MacKillop College and he was returning home when the crash occurred.
Mr Cunningham said the reason his client didn’t tell the truth in the pre-sentence report was because he was concerned about bringing trouble to his friend.
He also said the drug found on him by police was not his, but was confiscated from his friend who he thought had over- indulged.
In sentencing, Mr Allen told Ovington he was prepare to impose a community service order, but warned him he had come to the end of the line.
“If you come back before me on a drink driving charge on anything other than a low range PCA, you will go to jail,” he said.
“There are many people on this bench who would lock you up and they wouldn’t be incorrect in doing it.
“Sentencing is an inexact science: I have to weigh up all that is good with you with all that is bad and drink driving is a stubbornly persistent offence in the community.
“If you want to irreversibly destroy brain cells that’s your business, but when you get behind the wheel of the car and drive the residential streets of Bathurst, it becomes everyone’s business.
“You’re a danger. If you come back before me and are convicted, I don’t care how good of a son you are or how loyal an employee, you will go to jail.”
Mr Allen then ordered Ovington to undertake 150 hours of community service as an alternative to jail. Ovington was also disqualified from driving for 30 months, with Mr Allen quashing the habitual offenders declaration.
For driving while suspended, Ovington was fined $600 and placed on a 12-month Section 9 good behaviour bond.
The charge of possessing a prohibited drug was dismissed under Section 10A.