Shane Andrew O’Brien pleads guilty in Roma Magistrates Court to drink driving, driving uninsured, driving unregistered and driving without a licence
A worried woman called police after a she found a man she didn’t know pull up in his car and fall asleep on her driveway, with the 52-year-old so drunk he didn’t know how to get home. Here’s what his punishment was.
Police & Courts
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A 52-year-old man with a degree in education has appeared before court after he was so intoxicated he couldn’t find his way home.
Shane Andrew O’Brien pleaded guilty in Roma Magistrates Court to high-range drink driving, driving uninsured, driving unregistered and driving without a current driver’s licence.
The court heard that on November 13 at 8.05pm, police received a call from a worried woman about an unknown man sleeping on her driveway.
Police were informed a black BMW pulled up on a driveway at an address in Roma where the witness saw O’Brien get out of the driver’s side of the vehicle and lay on the ground.
Bizarrely, he then got back up and re-entered the driver’s side of the vehicle.
After arriving at the address police approached the intoxicated O’Brien and immediately noticed his flushed appearance and asked for identification.
He told police he had left his friend’s house on South St and had been trying to get home.
When the breath test police administered came back positive, he was taken to the police station where it was confirmed he had a blood alcohol concentration of 0.254 – more than five times the legal limit, the court was told.
The court heard that O’Brien, who admitted to consuming a range of alcoholic drinks including beer, wine and spirits, was taken to the watch house and then released on bail.
Additionally, the court was told O’Brien was charged for driving unregistered, unlicensed, uninsured, with an expired plate and police found cancelled rates.
Defence lawyer Laurie Parker said his client has expressed remorse.
“He is a well educated person with a bachelor of education,” he said.
Magistrate Shane Elliott said his repeated behaviour is concerning, considering he has an extensive traffic history in both NSW and Queensland dating back to 2003.
“You had a reading of 0.254, you could have easily killed someone and you would’ve had to live with that on your conscience every day of your life,” the magistrate said.
“It was really a dumb decision.
“Thankfully no one was injured but nevertheless the law requires that I send a message to the community that if you drive under the influence of alcohol, particularly at such a high level of alcohol, you should expect harsh penalties.
“In my view, at that level five times the legal limit, even if you had no history, the only appropriate penalty is imprisonment but one that allows you to remain in the community on this occasion is preferable.”
O’Brien was given a three month prison sentence wholly suspended for 12 months and a 16 month driving disqualification for the high range drink driving charge. He was fined $750 and given a further three month disqualification for all other offences.
A conviction was recorded.