A 65-year-old man heard that his prior drink driving matters required a criminal conviction, when he appeared in Mudgee Local Court on Wednesday charged with an offence at the low end of the low range.
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Gerald David Metcalfe of Church Street, Mudgee, was fined $220 and disqualified for three months.
Metcalfe was stopped at a stationary random breath testing site in Church Street at 7.50pm on Friday, November 2, 2018.
He admitted to drinking three beers prior and subsequently returned a positive result to the roadside test.
At Mudgee Police Station a breath analysis of 0.066 was recorded.
The local court has the discretion to sentence a defendant without recording a criminal conviction, taking into account factors such as the circumstances of the offence and their criminal history.
However, in Metcalfe’s case it was the latter that was of concern.
“I thought someone [with your previous drink driving charges] would be hyper vigilant when it comes to having a drink and driving, you’ve been here four times before,” Magistrate David Day said.
