Death driver gets licence

A MAN whose licence was absolutely disqualified after his drink- driving killed a 21- yearold woman has successfully applied to get back on the road.

Bradley David Hayes had a blood- alcohol level of 0.25 per cent on August 6, 2011, when he swerved to miss two pigs on a road near Winton and struck the young woman.

At the time he was on a three- month disqualification period for a previous drinkdriving offence.

Hayes pleaded guilty in Townsville District Court in November 2012 to dangerous driving causing death while intoxicated and disqualified driving. He was sentenced to four years’ jail, suspended after 16 months. His licence was disqualified absolutely, meaning to have the disqualification lifted he would have to apply to court after two years.

Hayes, now 26, made the application in District Court this month, and yesterday Judge Stuart Durward published a judgment removing the disqualification.

Solicitor Tristan Carlos told the court Hayes was employed, in a relationship and expecting a child. He had not committed any further offences.

Judge Durward said Mr Carlos conceded the offence had been serious.

“The applicant disrespected a previous disqualifying order by driving a motor vehicle while intoxicated at the time of committing the offence,” the judge wrote in the published judgment.

“However, as noted by the sentencing judge the applicant demonstrated remorse and responsibility by remaining and assisting other persons at the scene.”

Police neither supported nor opposed the application.

Judge Durward wrote that Hayes had not driven since his release from jail in February 2014, which was a sufficient length of deprivation “to satisfy the community’s demand for punishment”. “Taking into consideration nsideration the applicant applicant’ss circumstances, it is apparent the applicant has demonstrated good behaviour since his release from prison and should be afforded the opportunity to be licensed again,” the judge wrote.

“I spoke directly to the applicant about the return of his licence and his need to take care ... due to his individual circumstances I exercise my discretion to remove the disqualification forthwith.”