‘Not used to drinking’, says 19yo P-plater who drove three times legal limit

‘Ridiculous’: Gympie magistrate laughs at excuse offered by the 19-year-old’s solicitor

After blowing .16%, the P-plater claimed he thought he wouldn’t be over. Picture: File

A Tin Can Bay P-plater spent the night drinking at a pub with friends before getting in his car and driving, Gympie Magistrates Court heard this week.

Daniel George Martyn, 19, was stopped by police on Pine Street in Gympie at 2:30am on December 13, where he blew a BAC of 0.161.

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Martyn pleaded guilty to the charge in Gympie Magistrates Court yesterday (Thursday).

Solicitor Lucy Ferguson said Martyn worked as a fisherman deckhand and spent three weeks at sea and one week on land each month.

Ms Ferguson told the court Martyn was not used to drinking and thought the number of hours that had passed would mean he would be okay to drive.

Magistrate Chris Callaghan laughed at this submission and said it was “ridiculous”.

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“You would have been intoxicated at the time, you are 19 years of age, your BAC should have been zero and there is a good reason for that. There are a lot of young people dying your age with alcohol in their system,” Mr Callaghan said.

After already being without his licence for three months, Mr Callaghan said he would reduce the disqualification period slightly.

Martyn was fined $1000 and banned from driving for six months. A conviction was not recorded.

Originally published as ‘Not used to drinking’, says 19yo P-plater who drove three times legal limit