Man has lucky let-off

Unlicensed driver more than four times over limit but spared jail

A CONVICTED drink-driver has avoided returning to prison after being caught driving more than four times over the limit with a disqualified licence – an offence a judge said he “almost always sends people straight to jail for”.

Brett Matthews, of Nightcliff, was arrested in October last year after he was pulled over by police for a roadside breath test. According to the statement of agreed facts tendered in court, he was then taken to the Palmerston watch house for further breath analysis where he blew a reading of 0.234.

Police also found that his licence was disqualified in relation to a previous driving offence.

When Matthews was asked why he was driving unlicensed he reportedly told the police officer that “I thought that was finished”.

He was taken into custody before being released on bail on December 11.

Matthews appeared in Darwin Local Court last week after pleading guilty in a previous hearing to high range drink driving and driving disqualified.

His lawyer, Nicola MacCarron, told the court her client had been attending counselling for his struggles with alcohol and had been sober for two months since being released on bail.

“He’s doing painting work, he’s doing lawn mowing work,” she said.

“He looks a healthier, better man.”

Judge Alan Woodcock made what he described as an “unusual” ruling to sentence Matthews to two-months’ home detention and a fourmonth prison sentence, suspended immediately.

“I almost always send people straight to jail for this kind of offending, to protect the public,” he said.

“Unusually, I am not going to send you to jail again (but), this must be your last time.

“I know this happened on the anniversary of your mother’s passing.

“That wouldn’t make any difference to someone you ran over drunk.”

Mr Woodcock also ruled that Matthews’ licence be disqualified for 18 months.