A TRUCKIE'S decent driving record has spared him from conviction after he decided to drive after drinking.
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Lyndon Steven Burchell, 57, of Herborn Street, Oberon, was sentenced in Bathurst Local Court on April 16, 2024 after he pleaded guilty to mid-range drink-driving.
Police documents before the court said police stopped a white Mazda ute at about 11pm on March 28, 2024 along Scotia Avenue in Oberon for random testing.
Burchell - who had been driving the vehicle - got out from the driver's seat and, police said, appeared to sway and be unsteady on his feet.
Police asked if he'd had anything to drink and they said Burchell told them: "Yeah, I've had a few beers, I'll go over for sure."
He gave a positive roadside reading for alcohol, was arrested and taken to Oberon Police Station.
While in police custody, Burchell gave a second positive reading for alcohol of 0.093.
Sentence
SOLICITOR Angus Edwards said the "unfortunate" incident took place when his client made the "foolish" decision to drive when he had planned to walk the 15 minutes home.
"He went to his car to get medication, but then decided to drive around the corner to his house. His usual practice is to walk home," said Mr Edwards, who asked for a non-conviction.
Police prosecutor Sergeant Belinda Cooper was firm in saying the court should convict Burchell, because "he put himself and others at risk" and "PCA matters are all too common in society".
But given his "pretty good" record for a professional truck driver and completion of the Traffic Offenders Program, Magistrate Elizabeth Ellis did not convict Burchell.
"It was one mistake, but never drink and drive again," Ms Ellis said.
Burchell was placed on a conditional release order - without conviction - for 18 months.
