A local court magistrate has said a P-plater's claim he only had one drink six hours before blowing 0.04 in a roadside breath test was "impossible".
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Darryl McKenna, 23, of Tura Beach, faced Eden Local Court on Wednesday, May 8, on a charge of special range drink driving.
His solicitor told the court McKenna had one drink mid-afternoon and only drove later that night believing the alcohol would have had time to leave his system.
P-plate drivers are required to have zero alcohol in their system when behind the wheel.
The defence told the court there had been nothing untoward about his driving, but he was pulled over at the northern entrance to Eden around 10.30pm as he had not quite dropped to 60kmh in time for the town limits.
The subsequent roadside breath test returned a reading of 0.04.
Magistrate Michael Love asked the defence solicitor if he was to believe a single alcoholic drink six hours prior was the only alcohol McKenna had consumed before driving.
"A standard drink goes out of your system every hour," Magistrate Love said.
"He's the unluckiest driver in NSW."
While acknowledging "an extensive record for such a young driver", McKenna's solicitor argued for leniency given the circumstances, that he had completed the traffic offenders program following a previous conviction, and that he would also be facing the loss of demerit points and a fine for the speeding offence.
"That's what happens when you drink drive and speed - you lose your licence," Magistrate Love responded.
"That's what the demerit points are there for."
The magistrate said McKenna was not entitled to leniency.
"You say you had one drink at 3.30pm and then were pulled over at 10pm - I reject that. It's impossible and I don't believe it," he said.
"You have a poor record, a significant matter on your record that resulted in a community corrections order and community service.
"But in this matter there needs to be general deterrence that P-platers know if they drink and drive deliberately they will lose their licence, and they are not entitled to leniency."
McKenna was convicted and fined $750. He was also disqualified from driving for three months, and must have an Interlock device installed on his vehicle for 12 months.
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Ben Smyth
I have worked as a journalist since 2005 and am now Editor of Australian Community Media mastheads in Bega, Merimbula and Eden
I have worked as a journalist since 2005 and am now Editor of Australian Community Media mastheads in Bega, Merimbula and Eden
