A man charged with his fifth high-range drink driving offence, was jailed when he appeared in Mudgee Local Court last Wednesday, with magistrate Alexander Mijovich saying there was "no alternative".
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Michael Joseph Hundy of Blue Springs Road, Bungaba, was sentenced to three months imprisonment and disqualified for 12 months, to be followed by a 48-month interlock period.
At about 3.50pm on Tuesday, January 21, 2020, police were called about a man drinking by a vehicle in Lawson Park, Mudgee, near the river and were given the number plate details.
Officers went to the location but couldn't find the vehicle. They patrolled the vicinity and soon sighted the vehicle driving through the intersection of Church and Market streets.
The police vehicle lights were activated to get him to stop, so Hundy then parked in two marked spaces. The 56-year-old couldn't record a breath sample for the roadside test and was arrested.
Furthermore, it was noted that he appeared to be intoxicated, smelt of alcohol and had spilled it onto his clothes. At Mudgee Police Station he recorded a breath analysis of 0.246.
In the material submitted to court for sentencing, officers noted that Hundy seemingly lacked remorse for the incident and believed that he was fit to drive.
In court, magistrate Mijovich cited a report that stated the defendant was recommended to to a community-based alcohol service following his arrest, but only made contact once. After which time the service said they hadn't heard from him again.
Hundy, who represented himself in court, claimed this was due to difficulty making contact and a lack of phone reception at his residence. To which his honour - who viewed the lack of action as an aggravated circumstance in sentencing him for the matter - replied, "well then you go to the top of the hill, stand on one foot, and you make the call".
When asked to explain why he committed the offence, Hundy called it "a serious error". This drew the indignation of magistrate Mijovich, who pointed out to him that, "this is your fifth drink driving offence".
"It's not a serious error, it's a wanton disregard," he continued.
The last of his four prior 'Drive with high-range prescribed concentration of alcohol' charges was in 2009.
In sentencing the defendant, magistrate Mijovich said, "this is one too many drink driving matters". And that "I can't see any alternative [to imprisonment] today".
With such a sentence being required in order to "send a message of deterrence to the community".
