A driver who returned a high-range drink-driving reading of 0.155 in a day-after offence said his ute rolled after the back of the vehicle “stepped-out” and he lost control.
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Robert William Peacock, 56, of Margaret Street, was driving a Mitsubishi Triton ute east of Forest Road at Spring Terrace at noon on September 8 when he failed to negotiate a curve in the road resulting in the ute leaving the road and rolling on its side.
Peacock was able to free himself from the vehicle and passersby contacted triple zero. He was breath tested at the scene and after returning a positive result, he was taken back to Orange Police Station where he gave a high-range reading of 0.155.
He didn’t realise that the dustiness wasn’t a hangover but [he was] well and truly affected by alcohol.
- Magistrate David Day
According to police, Peacock told them had a dozen 375ml bottles of beer between 5.30pm the night before and 3am that morning.
Peacock’s driver’s licence was suspended from the date of the drink-driving offence.
Solicitor Neil Jones said Peacock had been drinking at a mate’s place and caught a taxi home but later in the morning he got into his car.
Mr Jones said Peacock had stopped drinking since the time of the offence.
MAP: Peacock crashed on a bend at Forest Road, Spring Terrace ...
“He’s a useful member of society, his employer speaks highly of him, he never blames anyone else,” Mr Jones said.
In Orange Local Court on Monday, magistrate David Day said Peacock’s driving record, which included previous drink driving offences, would not help him.
“He didn’t realise that the dustiness wasn’t a hangover but [he was] well and truly affected by alcohol,” Mr Day said.
Mr Day said Peacock deserved a term of imprisonment for the repeat drink-driving but said it could be served in the community by an 18-month supervised intensive correction order.
He also gave Peacock 100 hours of community service, ordered him to abstain from alcohol, complete alcohol rehabilitation and treatment and he disqualified his driver’s licence for nine months and gave him a 24-month interlock order.
“This is a last alternative to sending you to jail,” Mr Day said.
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