THE final stop before jail has arrived for a habitual traffic offender, who has been given one last chance after his 12th driving without a licence charge.
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John Winston Thivy, 54, of Stewart Street, Mitchell was placed on a six-month intensive correction order (ICO) after he pleaded guilty at Bathurst Local Court to driving while disqualified and getting behind the wheel with drugs in his system.
Thivy was in the driver's seat of a navy blue Holden Commodore heading along Rankin Street in Bathurst about 2.30pm on February 17, 2023 when he was stopped by police, court documents said.
Thivy - whose licence was disqualified at the time - was subject to an oral drug fluid test.
After submitting a positive result for methamphetamine and cannabis, Thivy was taken to Lithgow Police Station.
While in police custody, Thivy told officers he "smoked" drugs the night before.
He then gave a second positive test for the drugs, which was later backed-up by forensic analysis.
Sentence
Magistrate Elizabeth Ellis began the sentencing process on July 12 by expressing her "disappointment" towards Thivy.
Ms Ellis noted in open court Thivy - who was on a community correction order at the time - had seven prior drive while disqualified convictions, four driving while suspended, and a number of drive with drug and PCA matters.
"Mr Thivy, you are very frustrating. I think I've seen you more than anyone in this court," Ms Ellis said.
"You're not listening to any of the lectures I'm giving you, you keep re-offending.
"I was so disappointed to see more charges with your name on them... you know things are pretty bad, don't you?"
Thivy's Legal Aid solicitor Matthew Tedeschi said with the section five threshold clearly crossed, the court could "give him [Thivy] a chance" with an ICO.
"This is your final chance," Ms Ellis said to Thivy.
"You will go to jail if you drive one more time."
As an add-on to the ICO, Thivy's licence was disqualified for a further 12 months.
He must also complete 60 hours of unpaid community service work.
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Jay-Anna Sleeman
Reporter for the Western Advocate. First began as a sports journalist with ACM in 2018 before moving on to cover news and court.
Reporter for the Western Advocate. First began as a sports journalist with ACM in 2018 before moving on to cover news and court.
