Judge dismisses jug of-beer claim

A Canterbury drink driver’s claim that he had only consumed a jug of beer before returning a breath alcohol reading of more than 1100mcg has been rejected by the judge in the Timaru District Court.

Gianni Bertacco – from Ohoka, just north of Christchurch – said he was “dropping a friend off to a Christmas party” when stopped by police on Rise Rd, Temuka, on Friday, police prosecutor Dave Ellis said, reading from the summary of facts.

Bertacco, 25, had told police after returning an evidential breath test of 1133 micrograms of alcohol per litre of breath that he’d had the jug of beer in Geraldine.

“You are a young man at 25 and this is the first time you have been before the court on any matter,” Judge Dravitzki said.

“But this is a very high alcohol level. There is no way you had simply been drinking a jug of beer in Geraldine. You have drunk a lot undoubtedly. There is no way you should have been driving and that needs to be taken into account ...”

Bertacco’s counsel, Emily Rennell, said he accepted the reading was a high level and he should not have been driving.

Rennell said Bertacco was moving to Australia in the near future and submitted a statutory declaration to that effect while requesting the normal Alcohol Interlock Licence (AIL) sentence be replaced with a period of disqualification.

Judge Dravitzki said Bertacco would normally be subject to the AIL regime but accepted the statutory declaration.

“I'm prepared to deal with this in the way of a fine and a finite disqualification. What needs to be taken into account is the high level. If anyone had been hurt in these circumstances, you would have been in very serious trouble.”

Bertacco was fined $1200 and $130 court, costs and disqualified from driving for eight months. The judge said if Bertacco came back to New Zealand he would need to apply for an AIL.