A MAN caught drink-driving after having 10 beers at an Oberon club has been disqualified from driving and fined $700.
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Peter Anthony Elwin, 54, of Jenolan Street, Oberon, appeared before magistrate Michael Allen in Bathurst Local Court charged with mid-range PCA.
His solicitor James Horsburgh said Elwin went to the Oberon Leagues Club on a Saturday afternoon, which was his usual outing for the week to meet with up with some mates.
Mr Horsburgh said his client instructs him he normally leaves his car at the club, but on this occasion he felt he was “right to drive”.
The court heard Elwin’s mid-range PCA was detected by police through a random breath test.
Mr Horsburgh said Elwin’s detection by police had nothing to do with his manner of driving.
He said his client had nothing to eat on the day, and was a single man who lives with his 85-year-old mother, for whom he is the primary carer.
The court also heard Elwin is employed full time and has a strong need for a licence as he is on call 24 hours every alternate week.
Mr Horsburgh said his client, in caring for his mother, drives her to various appointments in the Oberon community.
He said his client was also heavily ingrained in the Oberon community, including a 30-year involvement with the Oberon Tigers.
In sentencing, Mr Allen said it was clear Elwin was well-engaged with the community and accepted his decision to drive was a mistake.
“But you went to the club and had 10 beers. The last thing you want to be doing is driving a car,” Mr Allen said to him.
Mr Allen said socialising was part and parcel of Elwin’s life and the court was not there to express the view of wowsers.
“But it is here to express the community’s view of drink driving and that is it’s a criminal office,” he said. “If you wish to go to the club to drink, leave the car at home.”
Elwin was convicted, fined $700, and disqualified for eight months, with Section 225 of the Roads and Transport Act to apply.
He was warned not to drive while disqualified.