A DRIVER who admitted to having four schooners over a couple of hours before he was pulled over by police in West Bathurst has been spared a conviction but given a good behaviour bond.
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The court heard the man thought he was right to drive due to the length of time in which he'd had the beers.
Troy Geoffrey Davey, 45, of Lewis Ponds, appeared in person in Bathurst Local Court on Wednesday, January 29, 2025, having pleaded guilty to driving with a mid-range PCA (first offence).
Police documents before the court said Davey was driving a ute north on Esrom Street at about 5.10pm on Friday, November 8, 2024 when police say he came to their attention due to his speed.
He was stopped and produced his licence and police said there was a smell of alcohol coming from the vehicle.
Davey admitted he had consumed four beers recently, according to the police documents.
A breath test gave a positive result and Davey was arrested and taken to Bathurst Police Station for a breath analysis.
In relation to his drinking, he admitted to drinking four schooners of Carlton Dry beer at a Bathurst pub between 3pm and 5.05pm, according to the police documents.
He didn't have anything to eat during this time.
A breath analysis returned a reading of 0.090.
In court
Davey was represented in Bathurst Local Court by solicitor Shane Cunningham.
Mr Cunningham said his recollection was that he had previously asked the court to adjourn the matter for a period of time and if there was no further offending in the meantime by Davey, the court might consider a Conditional Release Order (used to deal with first time and less serious offences where the offender is unlikely to present a risk to the community) without conviction.
He also asked the court to keep in mind that his client had now been suspended from driving since November 8.
Mr Cunningham said his client had caught up with a friend at the pub at the end of the week and had thought he was right to drive because of the time over which he'd had the beers.
Davey lives in a rural location that has no public transport and starts work early, Mr Cunningham said, so the suspension of his licence has had a big effect on he and his family's life.
If Davey was given a Conditional Release Order (CRO) without conviction, it would enable him to reapply for and obtain his licence, Mr Cunningham said.
Police prosecutor Sergeant Cameron Ferrier asked the court to consider that Davey came to police attention due to his manner of driving.
In sentencing, Magistrate Gemma Slack-Smith noted that Davey had no criminal record.
She imposed a CRO of nine months without conviction and warned Davey that if he breached that bond, "you can be brought back before the court and resentenced".
"Do you understand that?" she asked Davey.
"Yes, Your Honour," he said.
