A DRINK-DRIVER who was more than four times the legal limit when he was involved in his second alcohol-fuelled car crash avoided jail yesterday.
Scott Webster, 25, appeared in Ballarat Magistrates Court yesterday, where he pleaded guilty to drink-driving, careless driving and breaching interlock requirements.
The court heard that Webster had been drinking heavily when he lost control of his car on Eureka Street at 5.15am on February, 9, 2012.
A blood test showed he had a blood-alcohol concentration of 0.216.
Investigations estimated he was travelling at 97km/h when he spun out and the rear of his car smashed into a power pole at the intersection of Otway and Eureka streets.
The pole snapped in half and Webster had to be pulled from the vehicle by a nearby neighbour.
He had only got his licence back six days earlier, having previously lost his it for drink-driving.
The car he was driving had bald tyres and was not fitted with an interlock device, a condition on Webster’s licence.
Police prosecutor Senior Sergeant Adam McCormack said Webster possibly hit his head during the crash.
“He appeared dazed and confused but was otherwise unharmed,” said Senior Sergeant McCormack.
Webster appeared in court dressed in a silver suit, supported by his parents.
Defence lawyer Shelley Buchecker said her client had already suffered as a result of losing his licence, having lost his job as a concreter.
In pleading against a jail term, Ms Buchcecker tendered a letter to the court that detailed how Webster’s brother had committed suicide in 2002 and that his family had a history of alcohol problems.
In sentencing, magistrate Peter Couzens said he had considered an immediate jail term, but was swayed by the letter from Webster’s parents.
Taking into account Webster’s troubled past, Mr Couzens said the “obvious” sentence was a jail term, but it was not necessarily the correct term in this case.
“Had they (your parents) not been so frank, open and honest, then the disposition I’m imposing would not have been the same,” he said.
“However there is absolutely no excuse whatsoever for there not being an interlock device fitted on your car.”
Webster was ordered to complete 150 hours community work within 12 months and had his licence disqualified for five years.
He was also fined $450.