Nina Weil/Stuff
The Timaru District Court heard that a 22-year-old man caught with a breath-alcohol reading of 1293mcg likes drinking and drinks daily. (File photo)
A Duntroon man on a zero alcohol licence must have been “absolutely obliterated” when he was caught drink-driving in Timaru on Easter Sunday more than three times the criminal limit, the Timaru District Court has heard.
David Robert Trevathan was stopped on Virtue Avenue near Caroline Bay, Timaru, on April 9, 2023, and returned a reading of 1293 micrograms of alcohol per litre of breath, more than three times the criminal charge limit of 401mcg.
“Plainly he shouldn’t have been driving…,” the defendant’s lawyer Tiffany McRae said during the 22-year-old’s sentencing before Judge Campbell Savage on charges of driving contrary to a zero alcohol licence and drink-driving for the third or subsequent time.
Judge Savage said the pre-sentence report showed Trevathan “likes drinking and drinks daily”.
“Is alcohol more important than your freedom?” the judge asked.
“No sir,” replied Trevathan.
“You must have been absolutely obliterated with a reading over 1200,” the judge said.
“You could have killed yourself, and the people at the back of the room (Trevathan’s parents) could have been attending a funeral.
“You could have killed any one of us in this courtroom, and you could have been going away for a very long time.
“You have got to make some hard decisions.”
Trevathan was told he was lucky the court system had moved on and takes a more rehabilitative approach to sentences these days.
Judge Savage said Trevathan had previous drink-driving infringements or convictions in 2019, 2020 and now 2023.
“You need to know how close you are to getting banged up.”
Judge Savage said he had a responsibility to sentence Trevathan to the least restrictive and rehabilitative options, but he didn’t want him to let himself down in the future as he would eventually kill someone.
Trevathan was sentenced to five months community detention, disqualified from driving for 28 days after which he must gain an alcohol interlock licence and then undergo an alcohol assessment before being granted a zero alcohol licence.
