A man who was caught mid-range drink-driving twice in less than a year was sentenced in Orange Local Court on Monday.
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Kiel John Joseph Sharkey, 32, of Forbes Road, was first caught driving with a mid-range reading of 0.127 on Lachlan Valley Way at Boorowa on July 6, 2018.
He was stopped by police after they detected him travelling at 150km/h, he produced a provisional driver's licence and said he had been drinking while driving.
He was caught mid-range drink-driving a second time on May 4 this year when he returned a reading of 0.149.
According to police, Sharkey was driving a white Toyota Hilux when he was stopped by police who had received a call about a white ute driving erratically on Forbes Road.
The offending is aggravated firstly by the bad record and secondly by his degree of intoxication.
- Magistrate David Day
Sharkey previously appeared in Orange Local Court to be sentenced on the Boorowa matter in November last year, however due to an error on the court record, the sentence was not processed so he was re-sentenced on Monday.
Solicitor Mason Manwaring said Sharkey had a problem with alcohol and the May offence was his third in five years. He said Sharkey had support from Mission Australia and was subject to a "fairly detailed strategy".
Mr Manwaring said in his opinion Sharkey had not crossed the custodial threshold, however magistrate David Day determined he had but the sentence could be served within the community.
"Only a sentence of imprisonment will serve to deal with the offending," Mr Day said.
"The offending is aggravated firstly by the bad record and secondly by his degree of intoxication."
Mr Day said that in terms of the Orange offence, Sharkey was one hundredth of a point away from facing a high-range charge.
"He hasn't managed for whatever reason to get to the high-range, he got there very close this year," Mr Day said.
For the Orange drink-driving offence Mr Day gave Sharkey an 18-month intensive correction order, with conditions he take part in rehabilitation programs and abstain from alcohol and drugs, he also disqualified Sharkey's driver's licence for nine months and gave him a 24-month interlock order.
For drink-driving at Boorowa, Mr Day gave him an 18-month supervised community correction order, that also had conditions that he abstain from drugs and alcohol, and he disqualified Sharkey's driver's licence for three months and placed him on a 12-month interlock order.
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