A RETIREE who "threw down" four schooners and got behind the wheel has been dealt a conviction for his second drink-driving charge.
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Graham Cyril Sommer, 71, of Durham Street, Bathurst was sentenced in Bathurst Local Court on February 7, 2024 after he pleaded guilty to mid-range drink-driving.
Documents tendered to the court state Sommer was behind the wheel of a Ford Courier heading along Seymour Street in Bathurst around 5.20pm on December 4, 2023 when he was directed to stop by police.
Sommer then pulled over along Howick Street.
After handing over his licence, Sommer gave a positive roadside breath test for alcohol.
He was arrested and taken to Bathurst Police Station, where he gave a second positive alcohol reading of 0.082.
While in police custody, Sommer told police he had four full strength Tooheys New schooners between 3.30pm and just after 5pm.
![Bathurst Courthouse, where Graham Cyril Sommer was sentenced on February 7, 2024. Picture by James Arrow Bathurst Courthouse, where Graham Cyril Sommer was sentenced on February 7, 2024. Picture by James Arrow](/images/transform/v1/crop/frm/5QSV2wJYJi8ZgVyWibkV7A/bd41c9a1-6f42-45e9-b6af-a1b34cf622a4.jpg/r0_280_7401_4457_w1200_h678_fmax.jpg)
Sentence
Being in an "incredible state of change" was given to the court by solicitor Emma Mason as context surrounding the incident, after her client had not long retired from a local butchery.
Ms Mason explained that Sommer, who was at "quite a loss" with what to do with his spare time, drank four schooners "quite quickly" on what was a hot day.
"He threw down the schooners and drove ... he thought 'I'm fine'. Alcohol has featured in his life," Ms Mason said.
Despite having a prior PCA charge and a number of speeding offences, Ms Mason asked the court to consider not convicting Sommer, who has had his licence since 1974.
His "long standing" support for the community through sponsoring events, supporting schools and charities was used as a basis for the non-conviction submission.
"I accept you're a good member of society who made a bad decision," Magistrate Elizabeth Ellis said.
"If it wasn't for the prior matter, I would've taken a different course."
Sommer was convicted and disqualified from driving for three months.
Once the ban is lifted, Sommer must have an alcohol interlock device installed in his vehicle for one year.