Man drives 3x over with his girls in car
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.