A DRIVER who was just over the legal alcohol limit after being stopped in Kelso has told a magistrate that he "made the wrong call".
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The 37-year-old has been given a fine in the hundreds of dollars as the magistrate noted he was on a court order at the time that he was pulled over and there was a requirement in that order that he attend alcohol counselling.
Jarred Leo Herbert Dowling, of Turondale Road, Duramana, was in Bathurst Local Court on Wednesday, April 9, 2025 to plead guilty to driving with a low-range PCA (second-plus offence).
Police documents before the court said Bathurst Highway Patrol was in Gilmour Street, Kelso at about 11.30pm on Friday, January 31, 2025 when Dowling drove south.
He was stopped for mobile testing and was spoken to while in the driver's seat.
A breath test returned a positive result and Dowling was arrested and taken to Bathurst Police Station.
A breath analysis returned a reading of 0.051, according to the police documents.
Police said Dowling was questioned about his consumption of alcohol while still with his vehicle and initially indicated that he had not had any alcohol.
After the positive breath test, he indicated that he had consumed two bourbon and Cokes, according to the police documents.
While conducting the breath analysis, he refused to answer any questions in relation to his consumption of alcohol.
During his interaction with police, Dowling was agitated and continually acted in a passive-aggressive manner, according to the police documents.
In court
Dowling, who represented himself in court, said he was entering a plea of guilty and confirmed, when asked by Magistrate Gemma Slack-Smith, that he was on an Intensive Correction Order (a custodial sentence of up to two years that the court decides can be served in the community).
Asked if he wanted to say anything about the offence, Dowling said he'd "had a few drinks" and "made the wrong call".
Police prosecutor Sergeant Cameron Ferrier pointed out that Dowling's Intensive Correction Order included a requirement for him to attend alcohol counselling.
"Are you attending drug and alcohol counselling?" Ms Slack-Smith asked Dowling.
He said he was waiting for Relationships Australia to get back to him.
"So you haven't started? You are not complying," Ms Slack-Smith said.
In sentencing, Ms Slack-Smith said the fact Dowling was on an Intensive Correction Order was an aggravating factor.
She noted that Dowling had a similar charge on his record, but it was more than 15 years ago.
Ms Slack-Smith convicted Dowling, fined him $700 and disqualified him from driving for two months, beginning April 9, 2025.
He will also be subject to a mandatory interlock order for 12 months.
"Thank you," Dowling said as his matter was finalised.
