"YOU need to do something about your alcohol use," a 39-year-old has been told as she appeared in Bathurst Local Court on her third drink-driving charge.
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Her solicitor said his client was now taking steps to address her mental health and said he had spoken at length to her about using alcohol for self-medication.
Chloe Alice Bensley, of Rocket Street, West Bathurst, was in the court on Wednesday, July 23, 2025 to be sentenced for low-range PCA (second-plus offence), having previously pleaded guilty.
A smell of alcohol was coming from the vehicle and Bensley said she had just drunk an apple cider, according to the police documents.
She was given some time before she was subjected to a breath test, which returned a positive result.
In relation to her drinking, Bensley said she'd had a Long Island iced tea cocktail at about 1.30pm and had eaten some chips and had then had an apple cider at about 6.15pm at a CBD pub, according to the police documents.
A breath analysis recorded 0.054.
Police said a check of Bensley's traffic history showed she was convicted at Bathurst Local Court in September 2022 for driving with an illicit drug present and convicted at the same court in January 2021 for mid-range PCA.
In court
Bensley was represented by solicitor James Horsburgh, who asked the court to note a letter that showed his client was taking steps to address what he said were "some serious mental health issues".
He said his client had previously been diagnosed with PTSD, depression and anxiety.
In terms of the offence, he said his client had consumed a drink earlier in the day and then went to a Bathurst CBD pub with a friend.
He said she had gone to get painkillers for someone who needed them when she was pulled over by police for a random breath test.
Mr Horsburgh said there was nothing in Bensley's driving that brought her to the attention of police.
He said he had spoken at length to his client about the impact of using alcohol for self-medication.
Magistrate Gemma Slack-Smith confirmed with Mr Horsburgh that these were the third drink-driving charges on his client's record.
"Yes," Mr Horsburgh said.
Ms Slack-Smith also asked about Bensley failing to engage after being referred to the voluntary Magistrates' Early Referral Into Treatment alcohol program.
Mr Horsburgh said there was a miscommunication in which his client was contacting the Orange office while the Mudgee office was trying to contact her.
Magistrate's decision
"You need to do something about your alcohol use," Ms Slack-Smith told Bensley, saying that was "clear from your record".
In noting there were no aggravating factors and the reading was just over, Ms Slack-Smith convicted Bensley, fined her $800 and disqualified her from driving for two months, backdated to March 31, 2025.
She will be subject to a mandatory 12-month interlock order.
