The actions of a young Royal Australian Air Force trainee who attempted to count his drinks before being caught behind the wheel in Lake Albert last year have been branded "foolish" by his own solicitor in court.
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Zac Butchart, 21, was convicted in the Wagga Local Court on Wednesday for driving through the suburb with a mid-range PCA last December.
Documents tendered to the court reveal at about 12.03am on December 8, 2023, Butchart was driving back from a night at the pub when he was caught red handed.
Butchart was heading north along Plumpton Road in a Queensland-registered maroon Hyundai i30 when police attached to the Riverina Highway Patrol pulled him over for a random breath test.
Immediately, police sensed a strong smell of alcohol coming from the driver, Butchart, and subjected him to a breath analysis.
After returning a positive result, he was arrested and taken to Wagga Police Station where a second test returned a positive mid-range PCA reading of 0.089.
Speaking with the police, Butchart said he drank four Vodka Red Bulls at the Victoria Hotel in Baylis Street between 9.30pm and 11pm and had not eaten any food in that time.
Police noted the man held a Queensland licence and immediately suspended his authority to drive in NSW, also issuing him with a court attendance notice.
On Wednesday in the Wagga Court, Butchart's solicitor told the court his client was a trainee fitter aircraftsman who has "determined to spend life in the service".
The court heard he had no criminal record.
His solicitor told the court Butchart had shown "genuine remorse" and was not pulled over not due to the nature of his driving.
He said his client had also been "foolishly monitoring" how many drinks he was consuming that night.
"Calculating does not work..one drink is not one standard drink... [there's] too much at stake to risk it," he said.
Despite this, Butchart's solicitor asked Magistrate Philip Stewart to take into account his plea and the circumstances and not record a conviction.
But, while noting Butchart's good record, Magistrate Stewart said the "prevalent offence" is well publicised and could not agree to such a request.
"There is advertising everywhere," he said.
"You can't drink and drive. It's a prevalent offence in the community.
"As such, there is a need for community protection and general deterrence.
"This [matter] is not appropriate to deal without a conviction."
Butchart was convicted and fined $900. He was issued with a three-month licence disqualification backdated to the day of the offence.
"Don't drive during your disqualification period, it really does carry heavy penalties," Magistrate Stewart said.