Magistrate left gobsmacked
STARING down the barrel of a stint behind bars after he was busted driving nearly five times over the blood alcohol limit, a Townsville man was ready to admit that he had an alcohol problem.
A court has heard how on July 3, father-of-five Lambert Buzizi Nkubito, 52, attended a party and drove with a friend back to their house.
It was then that Nkubito made the fateful decision to roll the dice and drive home.
Just “minutes” from his destination, Nkubito was pulled over by police in a random intercept at Fleming St, Aitkenvale.
He registered a blood alcohol reading of 0.229 – more than four times the legal limit.
Nkubito pleaded guilty to driving under the influence of liquor in Townsville Magistrates Court on Wednesday.
Glancing through the statement of facts, Magistrate Viviana Keegan exclaimed, “holy moley, that’s a really high reading!”
Police prosecutor Emily Olditch said the offending was aggravated by the fact that he had been charged with drink driving twice in the past five years.
She said he was looking at a minimum licence disqualification period of one year.
Defence lawyer Tracey Brown said her client was just minutes from home and wasn’t pulled over due to the manner of his driving.
She said Nkubito was a stayat-home dad for their five children, and as the primary care provider, needed his licence to drive the kids around.
Acknowledging his problem with alcohol and driving, he has begun an online alcohol education course.
She urged the magistrate to hand down a community-based order.
Magistrate Keegan said driving was a privilege and Nkubito should have thought about his kids each of the three times he got behind the wheel after drinking.
“It’s not just about you, it’s about the safety of everyone else on the road,” Magistrate Keegan said.
“If you’re going to drive with such a high reading, you’re clearly a danger to everyone on the road including everyone in your car.
“You’re really on the edge of getting jail for this and I don’t think you really understand how serious this is.”
Nkubito received a 12 month probation order to help address his alcohol issues, along with a two year licence disqualification, with a conviction recorded.
YOU’RE REALLY ON THE EDGE OF GETTING JAIL FOR THIS MAGISTRATE VIVIANA KEEGAN