A Maniototo man has narrowly avoided prison for a drink-driving offence a judge called the worst of its type he had seen.
James Michael Linwood (25), farmer, of Wedderburn-Becks Rd, Hills Creek, had driven with an excess blood alcohol limit of 350mg at Ranfurly on February 19.
New Zealand’s blood alcohol limit is 50mg for drivers over 20.Judge Kevin Phillips said in the Alexandra District Court yesterday the fact Linwood was a first-time offender had helped him avoid a prison sentence. If not for that, jail would have been a possible sentence.
Judge Phillips said Linwood’s blood alcohol level was the highest he had seen in all his time on the bar and as a judge.
Counsel for Linwood Tanya Surrey also said it was the highest level she had seen. But her client was remorseful, and had "just misjudged" the amount of alcohol he had consumed.
Judge Phillips did not accept that. He said Linwood would have been so intoxicated he would have been "totally incapacitated" to the point where he would have been "hard pressed to walk".
"I don’t even understand how you could even get the car started".
"You were an accident waiting to happen, and it did happen."
Linwood also faced a charge of careless use of a motor vehicle. His car had crossed the centre line and rolled several times, damaging a fence and landing in a paddock. Trapped in the vehicle, he had to be extricated by emergency services and taken by rescue helicopter to Dunedin Hospital.
Linwood was sentenced to 180 hours’ community work, disqualified from driving for 12 months, sentenced to nine months’ supervision and ordered to attend alcohol and drug assessments and all treatment as directed.
