A 24-year-old man charged with mid-range drink driving, was sentenced to a 12-month Community Corrections Order and disqualified for one month to be followed by a year-long interlock period.
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Thomas Barclay O'Leary of Henry Bayly Drive, Mudgee, was stopped by police at about 3.25am on Sunday, May 26, 2019, in order to conduct a random breath test in Perry Street.
Officers noted that he appeared to be moderately affected by alcohol and his actions were sluggish.
He returned a positive result to the roadside test and was taken to Mudgee Police Station, where a breath analysis of 0.130 was recorded.
This breached an earlier bond the defendant had been placed on for an unrelated incident.
Magistrate David Day chose not to take any action on the breach, but did draw a link between the two matters.
"Alcohol was clearly at work that night at the Woolpack for Mr O'Leary, he was too intoxicated for police to interview on that occasion, now he comes before court charged with mid-range drink driving," he said.
"At 0.130 he would've been affected, the question is whether Mr O'Leary thought he was affected?"
