"FOOLISH, dangerous and reckless" were the words used to describe a man in court, who got behind the wheel of a car after he drank 11 beers in a matter of hours.
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Nicholas James McCabe, 31, of Freeman Circuit, Llanarth, pleaded guilty in Bathurst Local Court on March 1 to high-range drink-driving.
Court documents tendered for sentence reveal McCabe was stopped in a black Subaru wagon by police for random testing on Bentinck Street in Bathurst about 1.20am on January 28 this year.
McCabe - who police described as "seriously affected by alcohol" after they noticed he was unsteady, stunk of alcohol, was slurring his speech and had blood shot eyes - gave a positive roadside test for alcohol and was then arrested.
The court heard McCabe was transported to Bathurst Police Station where he gave a second positive alcohol reading, while in custody, of 0.194.
His licence was immediately suspended.
During sentencing, McCabe's solicitor, Jonty Boshier submitted to the court his client had consumed 11 beers in the hours before the offence took place, and added it followed a "significant" relationship breakdown.
"He found it [breakdown] exceptionally difficult to manage and he turned to alcohol. He described it as 'self-destructive'," Mr Boshier said, who noted McCabe had undertaken online counseling and psychological support.
Magistrate Elizabeth Ellis struggled to come to terms with someone of McCabe's age committing offence as she was of the belief he "would've had more common sense".
"How would you have dealt with life if you had killed someone? How you would have faced your son?," Magistrate Ellis questioned.
McCabe was fined $1,200 and disqualified from driving for six months.
Once the suspension period is complete, McCabe must have an alcohol interlock device installed in his vehicle for 24 months.
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