A MAN who blew 0.145 the morning after a night out with friends has been disqualified from driving for eight months, fined $1500 and placed on a two-year interlock order.
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Jarrod Mitchell Thornton, 27, of Perrier Place in Kelso, appeared before magistrate Catherine Follent in Bathurst Local Court charged with mid-range PCA.
His solicitor, Kayana Theobald, told the court it was "a morning-after offence", adding her client cares for his severely diabetic mother and an older autistic sibling.
She said he was pulled over by police not because of the manner of his driving, but for a random breath test.
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The court heard Thornton attended the Traffic Offenders Program and was remorseful about his decision to drive.
Ms Theobald told the court it was five years since her client's last offence and said "he assures me he understands the consequences".
"He's very remorseful, very aware of the seriousness of his actions," she said.
Police facts told how Thornton was stopped for a random breath test at 7.20am on February 2 on the Great Western Highway at Kelso.
A roadside breath test produced a positive result and he was arrested and taken to Bathurst Police Station, where a breath analysis recorded 0.145.
While at the police station, he admitted to having eight 355ml bottles of Jameson whisky at his home between 9.30pm the night before and 3am.
In sentencing, magistrate Follent noted the reading was extremely high, placing the offence above the mid-point range of seriousness compared with offences of a similar nature.
She noted it was the second time Thornton had come before the court for the same offence and said the court's concern was whether he had learnt a lesson.
"It appears you haven't," she said.
She said while Thornton's referees spoke highly of him, she had to consider specific deterrence and discouraging others from doing the same thing.
She said he put not only himself, but the community at risk.