A Boort man convicted of his seventh drink-driving charge told police he had drunk “heaps” of wine before getting in his car and knew he would be over the limit.
William Whyman, 51, avoided jail in Bendigo Magistrates Court yesterday, instead receiving a 12-month community corrections order courtesy of his guilty plea.
The court heard the charge was Whyman’s seventh for drink-driving, with several of his readings at least triple the legal limit.
Prosecuting, Leading Senior Constable Mark Snell said Whyman was driving in Golden Square on October 19 last year when he was pulled over by police about 2.40pm.
Leading Senior Constable Snell said a series of breath tests showed Whyman had a blood alcohol content of 0.17.
Magistrate William Gibb said Whyman was in serious danger of imprisonment due to his repeat offending and “cavalier” attitude to the law.
“This is the seventh time you have appeared for .05 charges, some of your past readings include: 0.15, 0.19, 0.103 and 0.082,” he said.
“It demonstrates complete contempt for the law and the safety of other road users.
“How he has not killed himself or some innocent road user beggars belief.”
Whyman’s defence counsel said his client had a long history of alcohol addiction due to a difficult childhood in Swan Hill
“Your honour is correct in identifying that he is a massive risk to the public on the road,” he said.
But the lawyer said Whyman had just one other drink-driving charge in the past 15 years and asked for him to not be jailed.
Mr Gibb said it was only Whyman’s plea of guilty that saved him from six months in prison.
He gave Whyman a 12-month community corrections order with 80 hours community work and assessment and treatment for alcohol abuse.
Whyman’s licence was also suspended for 34 months.
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