Seremaia Tuicuvu, aged 29, of Estella, pleaded guilty in Wagga Local Court last month to charges of driving with a middle-range prescribed concentration of alcohol, driving without a licence and failing to give way to a vehicle at a give way sign.

Tuicuvu reappeared for sentencing yesterday and was warned by Magistrate Christopher Halburd that he would have been jailed if the collision he caused was more serious.

"Why did you drive?" Magistrate Halburd asked Tuicuvu.

"I just felt like going home," Tuicuvu replied.

Tuicuvu told the court he had arrived in Wagga from Fiji about a year ago and had not held a licence while in Australia.

Magistrate Halburd said he kept seeing people in court who thought they could come to Australia and not apply for a licence and he had sent others to jail for that offence.

"If you drive in NSW you need to abide by the road rules," Magistrate Halburd said.

According to a police statement facts, Tuicuvu was driving a Mazda 626 and approaching Boorooma Street in Estella, travelling 60 kilometres per hour, when he failed to give way about 10.05am on November 28.

At the same time a female driver in a Suzuki Swift was driving in a southerly direction on Boorooma Street, preparing to merge onto the Olympic Highway towards Wagga.

The traffic was light on a clear day with dry road surfaces when Tuicuvu followed another car out of intersection and failed to give way to oncoming traffic.

The female driver was travelling at 70 kilometres per hour when Tuicuvu pulled out in front of her, causing her to slam on the brakes and collide with his vehicle.

Police attended the scene and breath tested both drivers. The female driver recorded a zero blood alcohol content and Tuicuvu's reading was 0.096 on the roadside at time of accident.

Tuicuvu was later given a second test at Wagga police station, returned a 0.08 reading and stated he had consumed more than 10 standard alcoholic drinks, with the last at 1am that day.

Magistrate Halburd said Tuicuvu had pleaded guilty at the first available opportunity but he had to extend the period of disqualification as as alcohol interlock device could not be fitted to his vehicle as he did not own a car.

Tuicuvu was disqualified from driving and placed on a Community Corrections Order with 80 hours of community service.

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