A man who downed five beers in one hour and was caught for drink driving the morning after has been given a custodial sentence in Orange Local Court on Monday.
Francis James Ostini, 55, of Valencia Drive, Orange, was disqualified from driving and returned a mid-range reading of 0.128 when he was stopped by police in Cowra on December 21, 2020.
Ostini came to police attention at 9.50am when he turned from Waratah Street onto Olympic Way without indicating. Police went to stop the car and but he turned onto William Street and travelled onto the incorrect side of double unbroken lines.
According to police, Ostini got out of the car and police could smell a moderate odour of alcohol.
He was unable to provide his driver's licence and said it was suspended. Ostini failed a road-side breath test and was arrested and taken to Cowra Police Station for analysis.
He said he started drinking the previous evening at 9.30pm and stopped drinking at 10.30pm and in that time he drank five 300ml bottles of beer.
Ostini was convicted of high-range driving in 1988, and mid-range driving in 1999. Last year Ostini was also disqualified from driving for six months and he was given a 24-month interlock order for high-range drink-driving.
Solicitor Mason Manwaring said the catalyst for Ostini's recent offences was the death of his wife of 27 years followed not long after by the death of his mother.
However, since his arrest he has been abstinent from alcohol for five months and sought medical assistance to remain abstinent. He is also planning to leave the area.
Magistrate David Day said Ostini knew he was not allowed to drive.
He fined Ostini $550, disqualified his driver's licence for a further six months and placed him on a six-month Community Correction Order for driving while his licence was disqualified.
Mr Day also gave him a six-month driving disqualification and an additional 24-month interlock order as well as a seven-month ICO for mid-range drink-driving requiring rehabilitation and that he abstain from alcohol.
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