Ice-cream eating drunk driver ‘lucky to be alive’ hit curbs, drove through Toowoomba parklands
A magistrate said it was “remarkable” that this driver was breathing, let alone able to start his car, after registering a blood-alcohol level almost seven times the legal limit.
A regional Queensland court has been told a drink driver, who was almost seven times the legal limit, was lucky to be alive, let alone eating from an ice cream tub while driving through parklands.
Rajan BC pleaded guilty to high-range drink driving and failing to provide a second breath test on Tuesday, December 9, before the Toowoomba Magistrates Court.
Police prosecutor Ms Stephens said the 36-year-old man came to the attention of police on October 18, after receiving a call from a concerned community member who saw a man driving erratically through Centenary Heights.
“(He) was observed driving slowly through parkland (then) back onto the road (before) crashing into the gutter (and) stopping,” she said.
Despite it appearing as if BC then took a nap, the court was told he again started to drive and continued to crash into gutters.
Ms Stephens said BC again came to a stop and began eating ice-cream out of a tub.
“A witness spoke to the driver, who was slurring his words and didn’t know where he was,” she said.
When police arrived, BC was still eating the ice cream from the tub and told the officers that he was “just trying to get home” but couldn’t, because he was drunk.
His roadside breath test gave a reading 0.361, and he was detained for further analysis, however he failed to provide another reading.
An hour later at the Toowoomba watch house, BC’s next BAC reading was 0.321.
Because of his extreme level of intoxication, the court was told he was deemed a health risk by watch-house staff and was returned home to his wife for observation.
BC, who had no criminal history and only one speeding fine to his name, told the court, police, and the community that he was very sorry for his actions that he deeply regretted, and said it was the first and last time he would drink and drive.
He said he began drinking because he’d gotten into a fight with his employer, and he was stressed about losing his job.
“I was really depressed the next day … and went to my friend’s house … rather than calling my missus or calling an Uber, I don’t know why I drove, it was a big mistake,” he said.
BC said he had been suspended from work because he lost his licence.
Magistrate Kyna Morice said, given he was more than six times the legal limit, it was remarkable that he was breathing, let alone able to provide the breath tests.
Ms Morice told BC the “ridiculously” high reading was so serious it was not reflected in the sentencing schedule for drink drivers, which maxed out at 0.210.
“You have another three times the legal limit on what usually comes before the court,” she said.
“It was remarkable that you were able to get the key in the ignition. It was remarkable you were breathing.
“How you didn’t injure yourself or somebody else, is astonishing.”
Ms Morice said that although people can go to jail for such a reading, it was clearly an isolated incident.
Although, given his level of intoxication, she said BC may benefit from a probation order to address any underlying issues.
BC was sentenced to an 18-month probation order, and his licence was disqualified for 18 months.
No convictions were recorded.
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Originally published as Ice-cream eating drunk driver ‘lucky to be alive’ hit curbs, drove through Toowoomba parklands
