A 34-year-old man charged with a drink driving offence within a few years of receiving leniency at the discretion of the court, was told he wasn't eligible for such treatment this time.
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Alexander Peter McDonell of Richards Place, Mudgee, was fined $880 and disqualified for two months to be followed by a 12-month interlock period.
At 9.25pm on Friday, November 1, 2019, highway patrol police were conducting random breath testing at a stationary site in Church Street, Mudgee, near the Meares Street intersection.
This was part of the state-wide 'Operation Drink Drive 2' (November 1-3), which specifically targeted alcohol-impaired drivers.
When stopped McDonell admitted to drinking seven beers and officers noted that he appeared to be slightly affected.
Following the positive result to the initial roadside test, he was taken to Mudgee Police Station where a breath analysis of 0.089 was recorded.
McDonell pleaded guilty to the charge of 'Drive with middle range Prescribed Concentration of Alcohol', when he represented himself in Mudgee Local Court on Wednesday, December 18, 2019.
Magistrate David Day noted that this was the defendant's second offence brought before court within the last five years, the prior matter having being dealt with as a Section 10 dismissal of charges without a conviction being recorded or further penalty.
His honour went on to say that even the reading was "at the low end of the middle range", it was aggravated by the previous charge and that any available leniency had been spent.
"In 2016 you had a matter dismissed under Section 10 of the Crimes Sentencing Procedure Act," he said. "You know that you only get one of those within five years don't you?"
During the three-day operation, Western Region officers conducted 16,816 random breath tests, which lead to over 40 people charged with drinking driving.
Furthermore, over 30 Traffic Infringement Notices were issued for restraint offences, along with four for mobile phones, 314 for speeding, and 389 for other offences.
