A delivery driver who veered off the Mitchell Highway and crashed while mid-range drink-driving was convicted in Orange Local Court on Monday.
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Tyrone William Clark, 25, of Clifton Grove, veered to the left during the single-vehicle crash at Shadforth.
Police attended at 3.25am on February 13 and found the car 10 metres off the road and down and embankment and both front airbags were deployed.
It's more luck than design that he's in court uninjured and uninjured at all.
- Solicitor Mason Manwaring
Clarke had minor scratches and bleeding to his left arm as a result of the crash and spoke to police.
"I've been drinking and driving, I admit it," Clark said.
"I blacked out, lucky I didn't crash into someone.
"I think I fell asleep."
He was taken by ambulance to Orange Hospital where a blood test returned a mid-range alcohol reading of 0.147.
Solicitor Mason Manwaring represented Clark in court and said he had some capacity to pay a fine but would not be able to drive until he had an interlock device fitted to his vehicle to monitor his alcohol level.
"It's more luck than design that he's in court uninjured and uninjured at all," Mr Manwaring said.
"Obviously there would need to be convictions."
Magistrate David Day convicted Clark in Orange Local Court but he also noted his need for a driver's licence.
"He's a delivery driver, he earns his living driving," Mr Day said.
However, he also said the 0.147 reading needed to be taken into account.
"If he had one more drink then it would have been high range," Mr Day said.
Mr Day placed him on a 12-month community correction order, fined him $550, disqualified his driver's licence for three months and placed him on a 12-month interlock order.
"Luck not management sees him going left not right into oncoming traffic, I don't know if I would see him in for district court for committal or in a purple file, a coronial file."
However, he said Clark had no prior criminal record and a good driving record.
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