A magistrate has refused to allow a 52-year-old woman who blew three times the legal limit to remain in the community.
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Magistrate Gregory Robinson told the Ballarat Magistrates’ Court on Tuesday he was worried the woman would drive again.
He instead remanded the woman in custody for six weeks while a comprehensive community corrections order (CCO) assessment was completed.
“I’m concerned about community safety,” he said.
“(What if) she gets behind the wheel and kills someone?”
The court earlier heard the accused, Mary O’Callaghan, recorded a blood alcohol reading of 0.208 after driving erratically into a Creswick caravan park during peak season last December.
The offending, which she pleaded guilty to on Tuesday, also breached a community corrections order she was placed on earlier that month for similar offending.
O’Callaghan’s lawyer told the court his client had lived a law-abiding life, but had turned to alcohol after a series of “sad” incidents which included the breakdown of her marriage, a conman who took all her assets, being assaulted by a group of ice addicts and a period living on the streets.
He urged the magistrate to consider placing O’Callaghan on another community corrections order.
But Mr Robinson questioned why he should give the accused another chance at a CCO when she had re-offended.
The lawyer said O’Callagan now has stability in her life, including a place to live.
He added O’Callagan did not have enough time to benefit from the programs on the original CCO and was now in a position to complete it.
O’Callagan will be assessed for a CCO and is due to return to court in six weeks time for sentencing.
Driver caught on drugs three times
A Ballarat man who was caught driving with drugs in his system on three separate occasions has been taken off the road for a year.
Quenten Beer was also ordered to complete 200 hours of unpaid community work over the next year after pleading guilty to a string of offences on Tuesday.
In addition to failing an oral fluid test on three occasions, Beer was also charged with multiple counts each of using false plates and driving unregistered cars, as well as possessing a taser and single ammunition cartridge.
His lawyer told the court a number of events in Beer’s life, including a relationship breakdown and homelessness, lead to his drug use and ultimately contributed to his offending.
With no criminal priors it was argued Beer should be given the opportunity to benefit from the rehabilitative components of a community corrections order.
Magistrate sends warning to drivers who ignore suspension
A magistrate has warned suspended drivers who “press your luck, it will ultimately come back to bite.”
Magistrate Gregory Robinson told the Ballarat Magistrates’ Court people needed to understand if they are suspended or disqualified from driving it meant “you can’t drive.”
“It’s significantly unfair for people who comply with their suspensions … for courts not to take action.”
On Tuesday he sentenced Michael Mercieca, who pleaded guilty to two counts of driving while suspended, to 21 days’ jail.
Mercieca’s lawyer, Letizia Torres, told the court her client’s drug use at the time contributed to his “bad decisions” to drive, but he was now desperate to get his life back on track.
She said on both occasions Mercieca was driving to work.
Standing to lose his liberty, licence and car, Ms Torres said her client was motivated to change his lifestyle and deal with his issues.