A drink-driver who broke his neck when he rolled his "brand new" $60,000 work ute was told he was lucky to be alive when he appeared in court for drink-driving.
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Magistrate David Day has experience as a coroner and told Cody Michael Atkins, from Bellbird Way, Dubbo, he had come close to death after reviewing a medical report into the injuries he sustained in the crash.
Atkins appeared in Orange Local Court in a neck brace where he pleaded guilty to mid-range drink-driving.
"He's lucky, isn't he," Mr Day said noting the neck brace Atkins wore when he appeared on Orange Local court.
"He came remarkably close to killing himself."
Solicitor Tim Cullenward agreed he was "very lucky" and entered a guilty plea to mid-range drink-driving on Atkins' behalf and said he has completed the Traffic Offenders Intervention Program.
"He's rolled the car, a significant [accident] had there been someone else in the car he may have been responsible," Mr Cullenward said.
"He's aware of how close it was.
"There were no victims other than himself. There's a significant amount of extra-curial punishment due to the injuries he inflicted on himself, it's going to affect him for a long time if not for the rest of his life."
According to information presented to the court, 25-year-old Atkins was driving north on Forest Road at Springside about 9.30pm on April 7 when he rolled a Toyota LandCruiser on a long sweeping bend about 10 metres north of Ginns Road.
He was travelling at an estimated 90km/h when he hit a guard rail, lost control and the vehicle rolled.
The LandCruiser landed on its roof in a nearby paddock about 10 metres from the road.
"I know it's a sweeping bend but it's not much of a bend," Mr Day said as he read out the details of the case.
Atkins managed to crawl out of the passenger window and made his way to the road where bystanders gave him aid until an ambulance arrived.
When police arrived at the scene they saw the vehicle on its roof, with debris scattered on either side of the vehicle and a gouge mark in the road which led to the crash site as well as damage to the guard rail on Spring Creek.
Paramedics transported Atkins to hospital where a sample of his blood was taken. He was later transported to Westmead Hospital due to the fractures in his neck.
He spoke to police at the hospital just after midnight and said he was travelling about 90 km/h.
Atkins said he couldn't remember anything until he exited the vehicle but had consumed four or five mid-strength beers in the hour before the crash.
When asked about his level of intoxication though he said, "no comment".
The blood test returned a reading of 0.132, which Mr Cullenward acknowledged was "at the high range of the middle category".
He came remarkably close to killing himself.
- Magistrate David Day
Mr Cullenward said Atkins is originally from Dubbo but recently moved to Orange to start a job as a boiler maker at the mine.
"He was in that role for four days," Mr Cullenward said.
"He's had a licence for nine years and knows that he cannot drink and drive."
Mr Cullenward said Atkins was fortunate his employer has held his job for him while his injuries heal, however he has written off his $60,000 work ute.
"I don't think Mr Atkins is going to bother the court again," he said.
Although Mr Cullenward requested Atkins be give an Conditional Release Order, Mr Day said he did not think it would be sufficient and the offence required a conviction.
He said in addition to Atkins' injuries, trauma is also often experienced by bystanders, first responders and medical staff.
"There needs to be a clear message sent to other drivers too, that he was one drink away from a high-range," Mr Day said.
However, he also noted that Atkins was unlikely to reoffend.
"He has one minor speeding matter [on his driving record], he's unlikely to offend again," Mr Day said.
"He's obviously a skilled tradesman, highly regarded by his employer who held his job for him."
Mr Day convicted Atkins and fined him $880 and placed him on a 12-month Community Correction Order requiring him to be of good behaviour for 12 months.
He also disqualified Atkins driver's licence for three months and placed him on a 12-month interlock order.
Mr Day said the sentence took into account the significant injury and "financial impost" of losing the work vehicle".
Atkins' licence had already been suspended by police since June 2.
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