A WOMAN was more than five times over the blood-alcohol limit and had her three children in the car when she was pulled over by police last Christmas Eve, a court has heard.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Denise Russell, 46, had been drinking champagne during the afternoon, and when her designated driver fell through, she decided to drive to Haddon to pick up her children, and then back to Ballarat.
The Wendouree woman appeared in Ballarat Magistrates Court yesterday, where she pleaded guilty to a single charge of exceeding the prescribed concentration of alcohol.
The court heard Russell was intercepted by police in Grant Street about 10.30pm that night after driving around a police car and another vehicle that had already been pulled over.
Her three children, aged six, 13 and 17, were all in the car at the time.
Police prosecutor Sergeant Bob Anderson said that when tested, Russell recorded a blood-alcohol content of 0.257.
She told police she had consumed three or four glasses of champagne between 2pm and 5pm that day.
But defence lawyer Natalie Heynes said her client’s drinks may have been topped up from time to time, and the indications given to police may not have been entirely accurate.
Ms Heynes described Russell’s offending as “an out-of-character, one-off aberration”, and said she did not have a problem with alcohol.
Ms Heynes said Russell had not initially planned to drive, but made the terrible mistake when her lift fell through.
“She acknowledges she made a horrendous decision to drive,” Ms Heynes said.
“She understands she placed herself, her children and other drivers at an enormous risk.”
Ms Heynes urged the court to fine Russell rather than impose a rehabilitative order, saying an order would impact on Russell’s planned holiday next month.
But Magistrate Michelle Hodgson was not convinced, saying the reading was too high for just a fine.
“She wouldn’t be the first person who denies they have a problem with alcohol in the face of overwhelming evidence,” she said.
“Being able to drive a vehicle (at 0.257), it just says there’s an issue with alcohol.
“Most people would not be capable of driving at that level.”
Russell was sentenced to a 12-month community corrections order, including treatment and rehabilitation for alcohol abuse.
She was also disqualified from driving for 24 months.
Russell has lodged an appeal against the sentence.