Community detention for drink-driver
A repeat drink-driver who crashed into a car carrying a young child told a court he did not want to wear an electronic monitoring ankle bracelet because it would label him a criminal.
Damian Tahere Irwin, who has previous drink-driving and careless driving convictions, appeared in New Plymouth District Court for sentence on a charge of causing injury while driving with excess blood alcohol.
‘‘I just feel that putting a bracelet around the leg puts me in a whole category of criminal,’’ Irwin told Judge Gregory Hikaka.
‘‘I don’t want to be labelled like that and have to go to work with a bracelet on.’’
The admitted charge stemmed from the evening of October 24 when Irwin had been drinking alcohol at his house in New Plymouth.
Around 8.30pm, he jumped into his car and drove away.
Heading east on Lemon St, the 32-year-old failed to slow down or stop at the Gover St intersection and crashed into a car carrying three occupants, one of whom was a young child.
Although both vehicles were extensively damaged, only the driver of the other car was injured. The victim required ongoing treatment for whiplash.
Irwin was assessed at Taranaki Base Hospital and his blood alcohol level was tested.
It returned a result of 113 milligrams of alcohol per 100 millimetres of blood. The legal blood alcohol limit is 50mg.
When spoken to by police, Irwin was remorseful, a summary of facts stated.
In court, defence lawyer Josie Mooney said Irwin had recently moved to New Plymouth to make a better life for himself.
She argued for a sentence of community work coupled with supervision at Tuesday’s hearing.
But on consideration of Irwin trying to make a fresh start, police prosecutor Detective Sergeant Heath Karlson was apprehensive about community work, saying it would place him alongside other criminals.
Karlson argued for supervision and community detention — a curfewed sentence monitored by an ankle bracelet.
Irwin told the judge he would prefer community work, and suggested it could be served at a private organisation to avoid bad company. But Judge Hikaka said the maximum hours of community work he could impose would not be an appropriate sentence. He reminded Irwin of the crash and why he was before the court. He sentenced Irwin to three months’ community detention, six months’ supervision and ordered he pay $500 reparation to the victim.