Man drives 3x over with his girls in car

Whitsunday Times - - NEWS -

A MAN who drove more than three times over the le­gal al­co­hol limit with his two young daugh­ters in the car with­out the proper child seats has been sen­tenced in Proser­pine Mag­is­trates Court.

The 46-year-old Proser­pine man even tried to pro­long tak­ing a breath test by drink­ing a mouth­ful of bour­bon while po­lice waited for him, the court heard on Mon­day.

Dar­ren Robert Dalby said he was only try­ing to help his sis­ter when he went to her house around 3.30pm on May 19. The man’s de­fence so­lic­i­tor, David Fitzger­ald of Macrossan & Amiet, said Dalby had had one drink around 3pm on the day when he re­ceived a call that his sis­ter had locked her­self out of her home, which was around 1km from Dalby’s Proser­pine ad­dress.

While his wife looked af­ter their new­born baby, Dalby of­fered to take his two daugh­ters, aged two and four, in his work ute with him. The car did not have the proper child re­straints in­stalled for their ages.

Af­ter ar­riv­ing at his sis­ter’s house with the chil­dren, Mr Fitzger­ald said Dalby pro­ceeded to con­sume five more mid-strength beers in a two-hour pe­riod.

On his way home with his daugh­ters, po­lice con­duct­ing RBTs spot­ted his car around 5.50pm with­out the head­lights on and pur­sued him. Po­lice fol­lowed Dalby to his Foxlee St ad­dress where they in­ter­cepted him.

Pros­e­cu­tor Bern­hard Berger said po­lice no­ticed a smell of liquor on Dalby’s breath when they spoke to him. When they ques­tioned him about not hav­ing the cor­rect seat­ing for his chil­dren he told them he thought their seats only needed to have air bags.

Po­lice then let Dalby take his kids in­side but af­ter two to three min­utes, he failed to re­turn. Mr Berger said that af­ter po­lice knocked on his door, he told po­lice that he’d had a “full mouth­ful of al­co­hol so that they could not test him”. He was also said to be ar­gu­men­ta­tive with po­lice throughout the process. At 7.46pm he re­turned a BAC of 0.184.

Mr Fitzger­ald said that de­spite the high read­ing, Dalby said he “didn’t have any neg­a­tive feel­ings of in­tox­i­ca­tion at the time”.

He also said that Dalby “felt he could be close” to blow­ing over the limit and con­ceded it was silly to take a “very large gulp of bour­bon” think­ing it would im­pede po­lice.

Dalby was dis­qual­i­fied from driv­ing for 15 months and fined $1750 with con­vic­tions recorded.

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