A MAN caught drink-driving has been denied a request to retain his licence.
(min cost $8)
Login or signup to continue reading
Peter Thomas Hall, 39, of Pellion Place in Windradyne, appeared unrepresented and in person in Bathurst Local Court before Magistrate Kevin Hockey to answer a charge of mid-range PCA.
Hall pleaded guilty to the charge, telling the court he'd done the Traffic Offenders Program.
He then asked the court "if it was at all possible to get a Section 10? [where the offence is proven, but no conviction is recorded]".
"Not with a reading of 0.138," Mr Hockey said.
"That's understandable," Hall replied.
Hall told the court he was 39 and working at Kelso and needed a licence for work, again adding that he was hoping to keep his licence.
Mr Hockey explained Section 10s are available "for certain offences", but he "had to take into account the extent of the reading".
"Once that is in the mid-range, it's much, much harder, and .138 is almost in the high range," he said, adding drink-driving is a serious offence, citing the number of deaths and injuries on roads due to drink-drivers.
Police allege in documents before the court that Hall was stopped in Brilliant Street in the early hours of May 1.
A roadside breath test produced a positive result and he was arrested for a breath analysis, which recorded 0.138.
Police said that, during an interview with police, Hall admitted to drinking full-strength beer between 8pm and 1am, with nothing to eat during that period.
Mr Hockey said it was not appropriate to deal with the matter by way of a Section 10 but he would take into account Hall's completion of the Traffic Offenders Program.
He convicted Hall, fined him $1300 and disqualified him from driving for the minimum period of three months, with Section 206B of the Road Transport Act to apply.
Hall was also placed on a 12-month interlock order.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content:
Sign up for our newsletter to stay up to date.