Driver over the limit after drinking at the pub the night before


A DRIVER who came to the attention of police because he was speeding has been convicted of drink-driving after fronting Bathurst Local Court.

Benjamin Roy Asimus, 24, of Rockley Road, Perthville, appeared before visiting magistrate Bruce Williams in Bathurst Local Court charged with driving with a low-range PCA (second offence) after being stopped by police in his ute the morning after a night out drinking.

Police facts tendered to the court told how police were travelling south while patrolling the Castlereagh Highway at Burrundulla, near Mudgee, on May 26 this year in a 100 kilometres an hour signposted area.

Police say they checked the speed of an oncoming ute, being driven by Asimus, and the radar showed him driving at 113 kilometres an hour. 

Police made a U-turn, stopped the ute, spoke to the driver, Asimus, and informed him of his speed, according to the police facts.

Asimus produced his driver’s licence and was given a roadside breath test, which was positive.

He was arrested and taken to Mudgee Police Station for a breath analysis, where he recorded 0.072, falling in the low-range category.

Regarding his drinking, the police facts said Asimus told officers at the police station that he “had a few last night”.

“I don’t know how many,” he said, according to the police facts. “I probably stopped drinking at about 11pm. I was drinking VB at the Perthville pub.”

References tendered to the court by the accused spoke of Asimus as an honest, reliable and conscientious person who was highly respected in the community.

Another referee wrote of the remorse shown by Asimus, saying he had made a mistake and was extremely disappointed for doing so.

Another said Asimus was “a good person with a strong sense of duty”.

Mr Williams convicted Asimus, fining him $600 and placing him on a mandatory interlock order for 12 months.

Asimus was also disqualified from driving for one month.