A motorbike rider was so intoxicated she struggled to get off the bike and stumbled when police stopped her for riding without a helmet.
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Nicole Amelia Baker of Carcoar Street, Blayney, was charged with high-range drink driving for riding the motorbike in Glenroi on December 12, 2023.
A month later while still pending her court appearance, 47-year-old Baker was charged with mid-range drink driving in Blayney.
Baker was present in Orange Local Court on Thursday, March 21, 2024, to be sentenced for both sets of offences.
According to court documents, Baker rode an unregistered peewee 50 motorbike without a helmet at 3.35pm on December 22, 2023.
Police saw her riding south along Currong Crescent near the Kurim Avenue intersection and approached her when she stopped in a front yard at Weema Place.
She was still sitting on the motorbike and said she got it as a present for her son and was testing it out.
According to the police, Baker appeared to be heavily intoxicated, struggled to get off the bike and once she did get off she stumbled.
She told police she had been drinking and didn't have a driver's licence.
Baker was arrested for a secondary test. However, while police walked her towards the police vehicle she said "I bet you want my drugs too" and pulled out a resealable plastic bag containing four grams of cannabis.
At Orange Police Station she gave a high-range reading of 0.191
Baker was then caught drink-driving again about 9pm on January 22, 2024, at Blayney.
Police were patrolling Adelaide Street when they saw a Holden Commodore with the lights and brake lights lit up outside an address in Ogilvy Street.
Baker was breath tested and returned another positive result.
She was arrested and taken to Blayney Police Station for a breath analysis, which returned a mid-range reading of 0.085.
Police prosecutor Sergeant Beau Riley said the custodial threshold was crossed.
"It's a high reading on the first instance, it's dangerously high," Sergeant Riley said.
However, solicitor Andrew Rolfe did not agree the threshold was crossed.
"She's not offended in this way for a long time," Mr Rolfe said.
Magistrate David Day said Baker had previously been charged with driving without a licence but those offences were "in the deep dark past" and she did once have a licence.
Mr Day sentenced Baker to an eight-month community correction order with 30 hours of community service, a six-month-month driving disqualification and 24-month interlock order for high-range drink-driving.
"The high-range offence comes close to but doesn't cross the [threshold]," he said.
However, he found the subsequent mid-range offence to be more serious due to her recent previous arrest.
"The fact that she had matters [pending] and she was on bail for a high-range offence to continue driving after drinking beggars belief," Mr Day said.
Noting the reading of 0.085 he said she would not have felt affected.
He said she crossed the custodial threshold with the mid-range drink-driving offence but decided the sentence could be served in the community.
For that second drink-driving offence he gave her a seven month supervised intensive corrections order with 50 hours of community service, a six-month driving disqualification and a 12-month interlock order.
Baker was convicted and given a 12-month conditional release order for the drug possession.
She was also convicted without further penalty for two counts of driving while unlicensed and for not wearing a helmet.