A Wagga man who lost his swag along the road while heading out on a camping trip has been sentenced for failing to secure his load and driving with a mid-range drink driving offence on the return trip.
Brodie James Colvin, 46, appeared in the Wagga Local Court on Wednesday where he was sentenced on one count of driving with a mid-range PCA, driving more than 10 kilometres over the speed limit and one count of failing to secure his load during a daytime drive along the Sturt Highway in October.
About 9.30am on Sunday October 15, Colvin was driving a silver Nissan ute west on the Sturt Highway at Borambola when police passed him, clocking him at 121km/h.
When police saw him sustain this speed and that he was holding to the centre lane dividing line, police did a u-turn and stopped Colvin.
Police facts tendered to the court reveal Colvin "winced" when he heard he had been stopped due to the speed he was travelling.
Police also noted the rear of the ute was uncovered and while the tray had high sides, there were a number of miscellaneous items in it, including a fishing rod, wooden speaker and tackle box.
Police observed that none of these items were restrained in any way to stop them coming out.
During the stop, police breath tested Colvin and received a positive result.
He was arrested and taken to Wagga Police Station, some 30 minutes away, where a subsequent breath analysis returned a reading of 0.096, almost twice the legal limit.
Due to the mid-range reading, police suspended Colvin's licence immediately.
Explaining the circumstances that led to the incident, Colvin told police he had just returned from a riverside camping and fishing trip the night before near Tumut.
When he arrived at Tumut he noticed his swag was no longer in the rear tray, having come out somewhere along the way, and was forced to sleep in his car.
While at the river he admitted to drinking approximately 10 375mL Victoria Bitter full-strength beer cans.
He told police he had nothing to eat during the night and when he was stopped on the highway the following morning, he was returning to his Wagga home.
Police charged Colvin over the incident and this week he pleaded guilty to all counts in court.
Magistrate Rebecca Hosking noted it was not his first drink-driving offence, having committed another 10 years prior.
Colvin acknowledged that and said the "only difference from the last time is I was by myself [then]... the consequences fell on just me."
"But this time round my wife and children have to bear the consequences of my actions," he said.
Magistrate Hosking said given the circumstances there was no way Colvin could have believed he was under the limit.
Colvin admitted there was "no real excuse."
"I was in a hurry to get home. I had a pretty average night and left in a bit of a rush," he said.
Magistrate Hosking told Colvin that drivers caught with a PCA level in the range that he was are significantly more likely to be involved in an accident.
She noted the PCA was almost twice the legal limit and that police perceived Colvin to be "affected by alcohol."
Colvin was convicted and fined $1870, disqualified for three months backdated to October 15 and ordered to have an interlock installed for 12 months once that period expires.