A Wagga abattoir worker has narrowly escaped jail time after consuming several cans of an alcoholic beverage and sharing five bottles of wine before taking to the road in a friend's car.
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Ashmont man John Steward Poki, 26, was convicted in Wagga Local Court on Wednesday for one count of driving with a mid-range PCA while driving along a busy Wagga thoroughfare.
About 10.40am on September 24, Poki was driving a Holden Commodore north along Dobney Avenue when he was stopped by police for a random breath test.
After returning a positive result of alcohol, police arrested Poki and took him to Wagga police station, where they conducted a further test that returned a reading of 0.122, more than twice the legal limit.
At the time police noted Poki's breath smelled slightly of intoxicating liquor and that his eyes were glazed and bloodshot.
When questioned by police, Poki admitted to consuming five Southern Comfort cans and sharing five bottles of wine.
He also said he had not been eating while drinking.
Documents tendered to the court revealed Poki was in Australia on a working visa and he held a Solomon Islands licence.
In court on Wednesday, Magistrate Rebecca Hosking stressed drink driving was a very serious offence in Australia.
"This carries a jail sentence," Magistrate Hosking said.
The court heard Poki was also driving a friend's car at the time of the offence.
Magistrate Hosking noted Poki had pleaded guilty at the earliest available opportunity but she said, considering how much alcohol he consumed prior to driving, there was "no way you can possibly think you were under the [legal] limit".
"The only thing keeping you out of jail is the fact you don't have a previous record," she said.
Poki was convicted and fined $1100. His licence was disqualified for 12 months.
He was granted an interlock exemption order due to the fact he does not own a motor vehicle.
"You must not drive within the next 12 months in this country. If you do, you may end up in jail," Magistrate Hosking said.