Regency Downs mum Jessica Anne Phair faces Ipswich Court for drink driving crash outside Hatton Vale school
A southeast Queensland court has heard how a mum put children’s lives at risk when she crashed her car outside a school, during school pick-up hours — while five times the limit.
Police & Courts
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A Lockyer Valley mum has faced court for crashing her car outside a school during pick-up time, while she was five times the legal alcohol limit.
Regency Downs mum Jessica Anne Phair, 41, pleaded guilty on February 1 to dangerous operation of a vehicle while adversely affected by an intoxicating substance, and driving under the influence of liquor.
The Ipswich Magistrates’ Court heard police received reports of Phair “driving erratically” on the Warrego Highway at Hatton Vale on Friday, April 21, 2023.
Magistrate Jason Schubert said Phair was seen swerving out of her lane, narrowly missing the centre bollards, and causing other vehicles to take evasive action.
The court heard Phair later crashed the same day outside the Hatton Vale State School, running over a stop sign around 3.05pm.
Police prosecutor Amanda Renton said Phair was more than five times the legal alcohol limit at the time, with a blood alcohol concentration (BAC) of 0.261 per cent.
“It’s a miracle no children or other members of the public were injured or killed by the actions of the defendant,” Ms Renton said.
Ms Renton said Phair had an aggravating traffic history.
Phair had been fined $1200 in February, 2021 for careless driving, driving unlicensed, and driving under the influence with a BAC of 0.191 per cent.
On that occasion, Ms Renton said Phair had been observed “swerving all over the road” before crossing into oncoming traffic and colliding with another vehicle, causing it to roll down into an embankment.
She said the defendant clearly had an issue with alcohol, which she had not addressed since the previous offending.
Defence lawyer Matthew Fairclough said his client had struggled with mental health and addiction issues.
Since her offending, she had engaged with DrugARM and completed a Queensland traffic offenders program.
Mr Fairclough accepted Phair would be going to jail if she had injured anyone.
But under the circumstances, he argued that a sentence allowing her to remain in the community would better enable her to continue working on her rehabilitation.
Mr Schubert said Phair’s BAC alone put “innocent members of the community at an unacceptable risk”.
“One would’ve hoped you’d learned your lesson on the last occasion just how lucky you were not to injure anyone else, but you’re back at it two years later.”
He noted a reference tendered on her behalf from a family member said Phair was a “decent, caring mother that made the wrong decision to have a drink on that day”.
“The wrong decision wasn’t having a drink,” Mr Schubert said.
“The wrong decision was jumping into a car while over five times the legal limit.”
He sentenced her to four months jail, wholly suspended for 15 months, along with 18 months probation.
Phair’s licence was disqualified for 21 months for the driving under the influence, and six months for the dangerous operation charge.