Driver lucky to avoid jail

A WOMAN narrowly avoided being sent to prison after being caught not only drink-driving but driving while her driver’s licence was disqualified by a court.

Ayak William Tong’s driver’s licence had been disqualified until May 26, 2019, but she had been caught by police driving on Ruthven St about 10.50pm, February 18, Toowoomba Magistrates Court was told.

She also blew a breath/alcohol reading of 0.039 when, being on a provisional licence, she was subject to a zero alcohol limit.

Acting Magistrate Jason Schubert described the 26-year-old’s driving record as “rather appalling”, noting she had three previous drink-driving offences since 2014 which included breath/alcohol readings of 0.258, 0.112 and 0.116, the last offence accompanied by a previous disqualified driving charge.

“Your actions show a complete and utter disregard for the orders of the court,” Mr Schubert told her.

Tong pleaded guilty to both offences.

Her solicitor Sarah-Jane MacDonald (MacDonald Law) told the court her client was at the moment living in Melbourne where she was studying for a nursing degree.

On the day of this offence she had been in Toowoomba helping out family but knew she shouldn’t have been driving, she said.

Ms MacDonald asked that her client be fined as if she was placed on parole she would have to remain in Queensland and not be able to return to Melbourne to continue with her nursing course.

However, Mr Schubert said, given the 26-year-old’s history, a fine was not appropriate.

On the disqualified driving offence, Tong was sentenced to six months in jail and disqualified from holding or obtaining a driver’s licence for two years.

On the drink-driving charge she was sentenced to one month in jail with a six-month driving disqualification.

However, taking into account Tong appeared to be getting her life on track and studying interstate, Mr Schubert ordered that the whole term be suspended immediately to hang over her head for 18 months.