Drink-driver acted stupidly, counsel says

A drink-driver who evaded police by jumping into a stream "needs to learn to stop being so stupid", his lawyer says.

However, Michael John McLelland (24) was caught drunk behind the wheel for the second time six weeks later.

He appeared in the Dunedin District Court this week on his sixth and seventh drink-driving charges, which had landed him behind bars for the past six months while awaiting sentencing.

Counsel Gordon Paine said McLelland had a brief taste of freedom in January when he was granted compassionate bail for the birth of his son.

He had learnt from his period of incarceration.

"It’s been six months sober for the first time for many years," Mr Paine said.

"He’s come to the view that sobriety is a better way of living."

That was not McLelland’s attitude on October 4 last year.

He stopped short of a police checkpoint in Westland St, Green Island, at 1am in his Ford Courier and caught the eye of officers.

When he was spoken to they noticed McLelland had glazed eyes, slurred his words and was unsteady on his feet.

But when they asked him to undergo a breath test he bolted down an alleyway and plunged into the Kaikorai Stream, losing police.

However, the damp defendant was later spotted running through the main street.

He was found by police shortly afterwards, hiding in a bush.

An evidential test gave a breath-alcohol level of 864mcg — more than three times the legal limit.

McLelland’s next arrest, on November 18, was unremarkable by comparison.

While on bail and ordered not to drink or drive, he was caught doing both when police spoke to him at a Main South Rd address.

The defendant refused to give a breath sample and became "increasingly agitated" when at the Dunedin Central police station.

When told he could give a blood sample instead, McLelland swore at officers and refused to give consent.

"He just needs to learn to stop being stupid," Mr Paine said.

"He accepts he was completely in the wrong and absolutely foolish and knows he doesn’t want to go back to prison again."

Judge Peter Rollo concurred.

"You were a risk to yourself and other members of the community," he said.

McLelland was sentenced to four months’ community detention and 12 months’ intensive supervision.

He was banned from driving for 28 days, and alcohol-interlock provisions were to follow.

Judge Rollo declined an Otago Daily Times application to photograph the defendant.

 

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