A MAN with a relatively clean driving record has been given the benefit of a non-conviction after he drove at almost double the legal alcohol limit.
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Grant Ashley Barnes, 55, of Lagoon Road, Orton Park, faced Bathurst Local Court on June 21, 2023 where he pleaded guilty to mid-range drink-driving.
Police documents before the court said police were patrolling the Bathurst area on March 15, 2023 when they saw a white Toyota HiAce travelling along Brilliant Street at 6.25pm.
After they stopped the car, police said they went to the driver's door and asked Barnes - who was driving - for his licence.
It was at this point that police said they noticed Barnes' eyes were extremely bloodshot.
Barnes gave a positive roadside test for alcohol, was arrested and taken to Bathurst Police Station.
While in police custody, he gave a second positive reading for alcohol of 0.090.
Sentence
Magistrate Elizabeth Ellis expressed her concern in open court about a self-represented Barnes, who had not been before the criminal court before.
Ms Ellis made note of a previous minor driving matter and "smatters" of speeding offences through Barnes' long driving record that began in 1985.
Barnes said he had stopped drinking as much alcohol and learnt from completing the Traffic Offenders Program.
"I got a call from the hospital about my partner ... that's why I chose to drive," he explained.
"The last thing I want to do is lose my job because of all of this."
Ms Ellis said she would give Barnes the benefit of a non-conviction.
"If you do this again, you will get the maximum: a lot of money and a lot of time off the road," she said.
Barnes was placed on a conditional release order without conviction for 18 months.
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