A man has been convicted of drink driving after he crashed and rolled his car while intoxicated last year.
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Luke Wallace appeared via video link at the Ballarat Magistrates' Court on Thursday.
The police prosecutor told the court Wallace was driving his white Holden Commodore along McDonalds Road in Clunes when he lost control at the intersection with Pickfords Lane about 5.45pm on May 2, 2021.
He said Wallace left the road, collided with a large rock and the car then rolled down an embankment.
The court heard the car was "extensively damaged" but Wallace was able to pull himself from the wreckage.
He was assessed by paramedics before being flown to the Alfred Hospital in Melbourne for treatment.
A blood sample was taken about 8.30pm, with analysis revealing he had a blood alcohol concentration of 0.146 - nearly three times the legal driving limit.
Police interviewed Wallace on June 22, 2021, and he said he had been drinking "Carlton Dry and Bundy Rum".
When asked his reason for drink driving, the court heard Wallace replied by saying "stupidity".
Police served him with a certificate in relation to blood alcohol and a notice of suspension of his licence for 12-months.
Wallace's defence lawyer, Dean Bloetz, said his client made no excuses for the offending and he pleaded guilty.
"He accepts what he'd done was wrong and his behaviour was irresponsible.
You can tell from the photos [of the scene] that my client is lucky he is before the court today and not six-feet under.
- Dean Bloetz
"You can tell from the photos [of the scene] that my client is lucky he is before the court today and not six-feet under.
"The crash was quite severe and he was taken to The Alfred. He knows it was his offending that led to that accident."
Mr Bloetz submitted for his client to have his licence suspended for 28 months, that he should not be relicensed unless by a magistrate and that he should receive a lower end fine.
He said Wallace worked casually at a Ballarat business and was also self-employed in landscaping.
"It is quite difficult and embarrassing for him to need to rely on other people to drive him to work and when landscaping, him and his equipment to work.
"He has invested in excavators but must be driven around because of the offending."
He submitted several character references from colleagues and his employer, with one saying Wallace had "done everything after the incident to better his life and avoid such an incident from ever happening again".
The court heard Wallace had sought to engage in alcohol treatment in January last year, before the offending.
"My client has realised he has an alcohol problem, it was very severe at the time, and started engaging in services and tried to get into rehabilitation before the event occurred," he said, adding that he could not, however, get in.
The court heard Wallace has "a terrible driving record" and criminal priors but none had been recorded for almost eight years prior to the incident.
Mr Bloetz said it was the "first time in his career" he had a client who had tried to seek help before the offending had occurred and it showed he did not want to end up in the same situation again.
"He tried to seek help. He had learned from his prior offending that what he was doing was wrong. When he saw himself slipping down that path again he took steps to try to avoid it happening.
"He doesn't want his dependency on alcohol to continue affecting him and his family. He doesn't want it to continue leading him down the wrong road."
He said the offending "was the straw that broke the camel's back" and resulted in his relationship breaking down and that he was currently not seeing his young children.
"It caused a complete upheaval of his life and he's now at a point where he's rebuilding himself."
Mr Bloetz said Wallace had sought help in the past 12 months, completed a three-month rehabilitation program and was trying to rebuild his relationships and be a better role model for his sons.
Magistrate Letizia Torres took all of the submissions into account and decided to act upon the lawyer's submissions.
"I take into account that you have engaged in treatment, checked yourself into rehab and made every attempt you can to overcome your drinking problem.
"You need to know that if you don't get it under control this is what can happen and it can have much more serious consequences."
Wallace was convicted, his licence was cancelled and he was disqualified from driving for 28 months due to priors for similar conduct.
"I appreciate this is a significant amount of time, particularly given your employment, but that's part of the punishment for engaging in this behaviour and putting yourself and others at risk."
He was also ordered to pay a $750 fine.
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