Caught drink driving for the ninth time, avoids jail

Alan Gerlach, 49, whose offending has been described as appalling, has never obtained a licence.

On Monday he pleaded guilty at the Ballarat Magistrates Court to one count of unlicensed driving and one count of drink driving.

The court heard Gerlach was intercepted by police on Wattle Avenue in the early hours of April 12.

Gerlach, who blew 0.168, told police he knew he was over the limit but felt he still had the ability to drive.

His lawyer, Andrew Madden, who recognised his client had 11 priors for unlicensed driving and eight priors for drink-driving, began his submissions by urging the court to consider a lengthy community corrections order (CCO) rather than prison.

Mr Madden said his client was an alcoholic and suffered from a number of serious medical conditions which would be difficult to address if his client was imprisoned. He said his client recognised he had a drinking problem and was taking rehabilitative steps to address to the issue.

Mr Madden said the community could be assured Gerlach’s drinking, medical treatment and offending could be monitored and supervised during a CCO. 

Describing Gerlach as a “danger to everyone”, Magistrate Mark Stratmann asked Mr Madden what he thought about general deterrence.

“Does the court not have an obligation to send a message to the community this type of offending will be taken seriously?” Mr Stratmann said.

Mr Madden said the community should be concerned, however given his client’s circumstances he would be better off on a CCO with strict supervision.

In sentencing, Mr Stratmann told Gerlach his offending placed him in a ‘serious’ position.

“Your relationship with motor vehicles is nothing short of appalling,” he said.

Despite describing Gerlach’s behaviour as disgraceful, Mr Stratmann said he did not want to discourage him from the rehabilitative steps he has already taken.

Gerlach was placed on an 18-month supervised therapeutic CCO with orders to undergo treatment for alcohol abuse. He was also fined $1500 and disqualified from driving for three years.

“If you come back before the court… any lawyer acting on your behalf is going to have a difficult time stopping you from going to jail.”