A "FOOLISH" decision to get behind the wheel while drunk has spelt trouble for a 29-year-old man.
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Corey John Bennett of Hughes Street, Kelso pleaded guilty in Bathurst Local Court on September 20, 2023 to mid-range drink-driving.
Court documents state Bennett was behind the wheel of a Toyota Landcruiser heading along Eleven Mile Drive in Eglinton about 8.25pm on August 18, 2023.
Police, who were patrolling the area, detected Bennett travelling at 111 kilometres per hour in an 80km/h zone and stopped the vehicle.
After Bennett gave police his driver's licence, he told officers he had one long neck beer about an hour before he drove.
The court heard Bennett was then subject to a roadside alcohol breath test, which came back positive.
He was arrested and taken to Bathurst Police Station, where he gave a second positive alcohol reading of 0.142.
While in police custody, Bennett - who was given a penalty notice for speeding - admitted to having two long necks of Great Northern beer.
Sentence
Solicitor Shane Cunningham told the court his client was surprised by the reading, given he "only had two bottles in a four hour period".
"Whilst he was getting ready to go out for dinner with friends and family, he had those drinks. And it was whilst he was on his way there that he came under the attention of police," Mr Cunningham said.
Mr Cunningham then told the court a disqualification of Bennett's licence would put his work as a diesel mechanic and tow truck driver in jeopardy.
Magistrate Elizabeth Ellis said the reading was "too high" to consider a non-conviction, telling Bennett he came close to the high-range category.
"You were foolish and you are going to have to live with that decision. It's just lucky I'm not dealing with a catastrophe," Ms Ellis said.
"It's such a pity your actions put so much in jeopardy."
Bennett was convicted and fined $800. He was also disqualified from driving for three months.
Once the disqualification period is complete, Bennett must have an alcohol interlock device installed into his vehicle for 12 months.
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