Karana Downs dad Nicholas James McGarrigal faces court for driving under the influence, four times alcohol limit

An Ipswich dad was busted behind the wheel while four times the legal alcohol limit, multiple times, in just a few months. A court heard the “ongoing pattern” was sparked by a messy break up.

Nicholas James McGarrigal leaves Ipswich Court on January 29, 2024. Picture: Nicola McNamara

An Ipswich dad has been lucky to avoid jail after police repeatedly found him behind the wheel while four times the legal alcohol limit.

Karana Downs dad Nicholas James McGarrigal pleaded guilty in Ipswich Magistrates Court on January 29 to two counts of being in charge of a motor vehicle while under the influence of liquor.

He also pleaded guilty to one count each of driving while under the influence of liquor, driving without a licence and obstructing police.

The court heard police found McGarrigal asleep in his car, parked in the middle of the driving lanes in a carpark at Kruger Village Shopping Centre in Redbank Plains, on April 19 last year.

He returned a blood alcohol concentration (BAC) of 0.288, which Magistrate Jason Schubert noted was “well over five, close to six times the legal limit”.

Then, less than three months later on July 5, McGarrigal was found asleep in the driver's seat with a bottle of vodka next to him at Caringal Drive in Karana Downs.

The bottle was three quarters empty and the keys were in the ignition, the court heard.

McGarrigal returned a BAC of 0.243 on that occasion.

Finally on October 1, police responded to reports of a vehicle being “driven erratically” and parked on the kerb of a road in Palmview.

The court heard when police tried to arrest McGarrigal, he got out of the driver’s seat and ran away on foot.

McGarrigal’s licence was disqualified at the time. He returned a BAC of 0.225.

Police prosecutor Amanda Renton said McGarrigal had showed an “ongoing pattern of behaviour, drinking to excess and driving”.

“Luckily no one got hurt,” she said.

Ms Renton said McGarrigal had two previous convictions for drink driving on his traffic history, but the court heard those were dated.

She noted McGarrigal had completed some traffic offenders’ courses in May, but emphasised his offending had continued after then.

“He has sought help and he has still not changed his behaviour,” she said.

Defence lawyer Hayden Geddes said his client had been struggling to cope with the breakdown of his 17-year marriage at the time.

McGarrigal had been sleeping and drinking in his car “at times”, according to Mr Geddes.

“In some ways that’s likely to have led to the offending before the court,” he said.

He said McGarrigal had three children and worked as a supervisor for Queensland Rail.

McGarrigal was sentenced to three months’ jail, wholly suspended for nine months.

Mr Schubert warned him to “wake up’’ to himself.

“That was awful offending. You are lucky you are not in jail,” he said.

He also ordered McGarrigal complete 12 months’ probation and serve 40 hours of unpaid community service.

Convictions were recorded for all offences.

McGarrigal was disqualified from driving for two years for the disqualified drive, 12 months for the first in charge offence, 15 months for the second and 15 months for the driving under the influence.