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A man sentenced for high-range drink driving was told that facing Mudgee Local Court for the matter may well be "the least of his problems".
Matthew Thomas Parker, aged 51, of Windeyer Road, Windeyer, was sentenced to a 12-month Community Corrections Order and disqualified for six months followed by a 24-month interlock period.
At about 2.55am on Saturday, April 6, 2019, police were patrolling the Mudgee CBD and stopped his vehicle for a random breath test after observing him travelling through the intersection of Mortimer and Perry streets.
Parker was arrested after three unsuccessful attempts to obtain a roadside reading, officers suspected that he was deliberately ignoring their instructions in order to void the test.
His behaviour continued at Mudgee Police Station, by talking over officers and failing to follow their directions.
A breath analysis of 0.162 was recorded on the third and final attempt.
They even considered it necessary to confiscate his keys, because they thought he would attempt to drive again after returning to his vehicle.
Magistrate David Day called the defendant's conduct on the evening "uncooperative in the extreme" and added that he was "lucky not to be charged with refusing a breath analysis**".
"He told police he'd had 100 drinks, I don't think so, otherwise it'd be a coronial matter - he was being smart. Although he could've also come across my desk as a coronial file if he'd found a tree driving home," his honour said.
However, Parker claimed that he was staying at a Mudgee caravan park that night rather than returning to Windeyer.
Upon hearing this, Magistrate Day commented "oh, so he was only driving around town then".
The court heard that Parker was serving an Intensive Corrections Order at the time of the offence.
"After he's convicted he'll be referred to the parole authority, so I'm the least of his problems," Magistrate Day said.
"And remember, disqualifications don't apply when you're in custody, so don't think you'll serve the period in style."
**The penalties for refusing a breath analysis are similar to those for high-range drink driving.
