Otago Daily Times

Drinkdrive crash caused victim $12K loss

- TINA GRUMBALL PIJF court reporter

A RECIDIVIST driving offender caused a loss of more than $12,000 to his passenger after he fell asleep at the wheel.

‘‘You’re very lucky you didn’t kill yourself or your friend, or another innocent road user,’’ Judge Jim Large told the defendant at his sentencing yesterday.

Lyall Rex William Ellison (35) appeared in the Dunedin District Court on a charge of drinkdrivi­ng causing injury and of being an unlicensed driver.

Ellison was forbidden to drive in 2015 and has not held a licence since 2014.

On October 10, he was granted access to the victim’s car to take some friends to Alexandra, on the condition the victim rode with him.

However, about 1.45am the next day Ellison fell asleep approachin­g a 65kmh corner.

The vehicle left the road and drove on to a dirt bank, causing it to roll at least twice before coming to a stop.

Ellison initially denied being the driver.

A blood specimen showed a blood alcohol level of 88mg, one and ahalf times the legal limit.

The victim suffered significan­t injuries to his left hand, cuts to his head and internal injuries.

He believed a car coming across the scene also drove over his already injured hand.

While he suffered both physically and financiall­y, the victim felt no ill will towards Ellison, counsel Alan de Jager said.

The victim had lost not only his vehicle but also wages as he could not work, totalling $12,472.

Ellison had tried to make amends and helped him strip the car.

Ellison had several driving conviction­s in the past 10 years, Judge Large told the court.

‘‘I don’t think you should be behind the wheel with a licence, given your record,’’ he said.

‘‘You should not have pleaded with your friend to use his car after having [six or seven] beers, you should not have driven out to Central Otago . . . It can be tricky enough without alcohol.’’

Recognisin­g Ellison was not in a financial position to pay the total amount the victim lost, Judge Large ordered him to pay $5000 in reparation.

Though it would take some years to pay it back as he was a beneficiar­y, he should pay at least that amount for the victim’s losses, the judge said.

Ellison was also sentenced to two months’ community detention and 12 months’ supervisio­n, and disqualifi­ed for 12 months and one day.

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