Former councillor fined for “outrageous” driving offences

A former Baw Baw Shire councillor who resigned after an “outrageous” drink driving incident has been fined $2000 and lost his licence for two years.

Ben Lucas, 34, of Drouin appeared at Dandenong Magistrates’ Court last Wednesday where he pleaded guilty to two charges of dangerous driving and drink driving.

Eight of the original 10 charges were withdrawn by police. The two remaining charges included dangerous driving and driving “whilst under the influence of intoxicating liquor to such an extent that he was incapable of having proper control” of the car.

Magistrate John O’Callaghan’s findings were without conviction, saying he believed Mr Lucas had a strong future ahead of him.

Mr Lucas’ licence was suspended for two years, effective from June last year when the incident occurred.

The charges related to driving offences on June 5 in the Caldermeade and Pakenham South area.

In the preliminary brief tendered to the court, police said the incidents occurred at 12.45am when Mr Lucas was detected travelling “at a fast rate of speed” and at times on the wrong side of the road.

Police intercepted Mr Lucas in Healesville-Koo wee rup Rd. The brief stated a blood alcohol reading of 0.19.

Mr O’Callaghan said he could not condone the events of that day, saying Mr Lucas’ actions were “outrageous.”

He said Mr Lucas could have nightmares about what could have happened, but luckily it did not happen.

“I have no doubt this has already had a profound effect on you. Your history until now has been exemplary.”

The magistrate said sometimes people had to reach the bottom before realising there was so much more.

He said some people would take on a “woe is me” attitude and see themselves as a failure.

“I don’t see it this way. I see it as a man who has a problem. You strike me as a determined person, as a decent person.

“You have a positive, strong future ahead of you,” he said.

Defence lawyer Zoe Gough of Dribbin and Brown Criminal Lawyers said they were serious matters and Mr Lucas had taken responsibility for his actions.

Ms Gough told the court after completing year 12, Mr Lucas entered the Australian Army and was deployed to east Timor for nine months n 2010.

She said he had been diagnosed with alcohol abuse disorder and depressive disorder.

Since the offending, she said he had entered rehabilitation and continued to see a counsellor once a month. Ms Gough said at the time of offending, Mr Lucas was under significant stress because of the closure of his gym business during COVID.

Character references from the Walhalla Star Hotel and Drouin Presbyterian Church were submitted to the court.

Mr Lucas also made a submission to the court, admitting there were no excuses for his behaviour.

He said he was at breaking point because of the impact of COVID lockdowns and restrictions on his gym business and he used alcohol to cope.

“Being a regional gym owner that could not operate the business, an elected shire councillor, a father and the overwhelming burden of financial pressure led me to those poor decisions.

“I am an alcoholic there is no doubt. I did my apprenticeship in excessive drinking and outlandish behaviour in my time in the army.”

Mr Lucas said he was extremely remorseful for his actions and was grateful no one was injured or killed.

He said alcohol had been a constant negative in his life.

Mr Lucas’ submission to the court said he had checked himself into alcohol rehabilitation after the offences, had not drank since that night and would never drink again.