A man was convicted of low-range drink driving in Mudgee Local Court on Wednesday, almost a year to the day after he received leniency for being over the zero limit for a P-plater.
Aaron Muscat, aged 20, of Costigan Court, Mudgee, was fined $300 and disqualified for three months.
At about 3am on Saturday, May 18, 2019, he was stopped by police in Oporto Road, Mudgee, in order to conduct a random breath test, which was positive for alcohol.
Muscat was taken to Mudgee Police Station where a breath analysis of 0.060 was recorded. He admitted to drinking two long necks of beer between 5 and 8pm.
The offence breached a 12-month good behaviour bond he'd been placed on - without a conviction being recorded - in Mudgee Local Court on August 22, 2018, for a special-range charge [below low-range but above zero]. He had been charged with blowing 0.041 when stopped in Madeira Road in June last year.
His solicitor, Richard Wise, told the court that his client admits that he "should've known better", because of the 2018 matter - for which he undertook the Traffic Offender Intervention Program.
Magistrate David Day concurred, added that, "I thought he would've brushed up in that time - clearly he hasn't".
His honour accepted Mr Wise's submission that the defendant was driving at the time because he was picking up a workmate to start early.
"There was nothing about his driving that drew police attention, except that he was out and about at 3am because he's a tradesman and they're up before the sparrows are scratching themselves," he said.