David William Fox, 40, disqualified for three months after appearing in Bathurst Local Court

David William Fox, 40, of Browning Street, Bathurst, appeared before visiting magistrate Susan McGowan in Bathurst Local Court on February 22, charged with mid-range PCA.

Police documents tendered to the court said Fox was pulled over by police at 10.15am on January 10.

Police attached to general duties were patrolling when they say they saw Fox's car on Lloyds Road, Bathurst.

Police activated their warning lights and pulled Fox over on Panorama Avenue, according to the police documents.

They asked for his licence and gave him a roadside breath test, which produced a positive result.

He was arrested and taken to Bathurst Police Station for a breath analysis, where he recorded 0.117, according to the police documents.

Fox's solicitor, Shane Cunningham, said his client asked the court to consider the minimum disqualification period.

Mr Cunningham said Fox had completed the Traffic Offenders' Program.

The day prior to the offence, according to Mr Cunningham, Fox had been speaking to a friend on the phone who was struggling with mental health issues and who was later admitted to hospital.

Mr Cunningham said Fox messaged his friend and was calling around to see him when he came to the attention of the police.

Mr Cunningham told the court his client was 40 years old, with two children and employed full time in a job where he manages nine to 15 staff.

The court heard Fox's place of employment is seven kilometres from Bathurst, and he is required to do shift work as well as travel to other locations.

In addition to Fox's employment responsibilities, Mr Cunningham told the court his client relies on his licence to transport his children to sport as well as fulfil his volunteer work with local organisations.

Magistrate Susan McGowan told Fox that "insight is a wonderful thing", but added "drink driving is still dangerous and general deterrence is very high on the list".

"Drink driving puts everyone at risk," she said. "Good people who do good work make silly decisions."

She said Fox's driving record "was not the worst" she had seen.

She took into account Fox's early plea of guilt, fined him $850 and disqualified him for the minimum period of three months from January 10, 2023.

He was also placed on a 12-month interlock order.

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