A MAN caught driving with a blood alcohol reading in the mid-range after a drinking session a day earlier has received the benefit of a community release order, without conviction.
David John Sullivan, 63, of Payne Close in Kelso, appeared before magistrate Catherine Follent in Bathurst Local Court.
He was charged by police on August 31, recording 0.100, after being pulled over going through a red light.
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His solicitor Emma Mason said Sullivan had only had three drinks earlier in the day after working night shift.
But she told the court that the day before, he was out fishing with his brother and consumed a significant amount of alcohol - 22 standard drinks of beer and port, finishing his last drink at about 10.30pm.
She said having attended the PCYC Traffic Offenders program, her client now has a better understanding of how alcohol is metabolised in the body.
Ms Mason said her client had held his licence since 1975, and the last thing on his driving record was 22 years ago.
She said he was a man of good character with a significant need for a licence, he has been walking to night shift through Kelso and is also caring for his elderly mother and needs to see her every day.
Police facts tendered to the court told how Sullivan was stopped by police after running a red light in Durham Street.
He underwent a breath analysis at Bathurst Police Station, recording 0.100, and told police he had three 375ml schooners of VB between 11am and 12.35pm, along with a meal of steak and vegies.
References tendered to the court described Sullivan as a man who would never entertain the thought of drink-driving; another attested how he cared for his elderly mum.
In sentencing, Her Honour took into account Sullivan's early plea of guilt, which she said entitled him to a 25 per cent discount on sentence.
She accepted it was a day-after offence, and Sullivan was unlikely to re-offend.
No conviction was recorded.