Lee Sidney Atkins, 30, was charged with reckless driving, driving while suspended, and mid-range drink driving after he ran a red light at the intersection of Edward and Docker streets on October 7 last year.

He sped at 80km/h through the intersection and collided with the family of five, causing his car to spin out of control and completely flatten a traffic light pole on impact.

The court heard Atkins had consumed “possibly more than 10” mid-strength beers before getting behind the wheel.

All airbags in the family’s car were deployed, but the driver and her passengers escaped without injury.

He was later reported to have said “how did this happen? I can drive this blind and I never have an accident. How did this happen? I’m a good driver”. 

Atkins had already been apprehended by police twice in August for driving while suspended and, on one of those occasions, with drugs in his system. 

On Monday, defence solicitor Zac Tankard argued against full-time custody so Atkins could continue a path of rehabilitation he commenced after the incident.

“He has a number of issues and those issues have been longstanding – one of those issues has generally been his addiction to drugs and alcohol,” Mr Tankard said.

“I'd be submitting this is a matter where there is real remorse – ‘I could have killed someone’, he said to a community corrections officer.” 

Police prosecutor Priscilla Jones disagreed, noting he was removed from his residential rehabilitation program earlier this year after breaking the rules and drinking alcohol.

“He obviously well and truly knew he wasn’t meant to be driving, he came under notice driving while suspended, and days later he’s detected again,” Sergeant Jones said.

“[A reading of] .8 means seven times the risk of an accident, and obviously these circumstances are a clear example of that.”

After much consideration, magistrate Christopher Halburd concluded no alternative to full-time custody would be appropriate.

“Since the offence, the defendant has worked diligently at rehabilitating himself, and he did have a difficult upbringing … where drug use and physical abuse were a regular occurrence,” Mr Halburd said. 

“But he shouldn’t have been driving – he was stopped twice two months earlier for driving while suspended, and it’s a serious example of all three matters before the court,” Mr Halburd said.

Atkins was given a non-parole period of three months, meaning he will become eligible for release on January 21.

He was also fined $500 and had his licence disqualified for two years commencing from his release date.

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