Budgewoi: Ariel Miller sentenced for high range drink driving after mental health bid is rejected

A worker’s compensation recipient, who told police she was “f--ked and shouldn’t be driving”, tried to use her anxiety to have a charge of high range drink driving diverted.

Ariel Miller, 34, arriving at Wyong Local Court where she applied to have a high range drink driving charge dealt with under mental health provisions. Picture: NewsLocal

A woman off work on a compensation claim for anxiety tried to have a charge of driving more than three times over the limit diverted by way of mental health, a court has heard.

Ariel Miller, 34, of Lake Munmorah, faced Wyong Local Court on Wednesday where her solicitor applied to have a single count of high range drink driving dealt with under mental health provisions rather than law.

Miller’s solicitor told the court her client was on a worker’s compensation claim for anxiety and was “in the process” of having her medication lowered so it could be switched for another at the time of being pulled over.

An agreed set of facts states police noticed a white Holden Cruise turn out of Ocean St, Budgewoi, at 1.10am on Saturday, April 26.

Police followed the sedan onto Mimosa Rd before activating their lights and pulled her over.

Miller (right) arriving at Wyong Local Court with her solicitor (left). Picture: NewsLocal

“The accused states to police that she was f--ked and she shouldn’t be driving stating that she had about four drinks,” the facts state.

Miller failed a roadside test where police could “smell intoxicating liquor on her breath”.

Miller was taken to Toukley Police Station where she recorded a blood alcohol reading of 0.164. Picture: Sam Ruttyn.

“The accused was slurring her words, had glassy bloodshot eyes and was unsteady on her feet,” the facts state.

She was arrested and taken to Toukley Police Station where she recorded a blood alcohol reading of 0.164.

She told officers she had consumed four vodkas and water without any food.

The police prosecutor opposed the mental health application stating “there’s no diagnosis” and the reading was “not insignificant”.

Magistrate Alan Railton said “the existence of workers comp for anxiety is not enough” to have the matter diverted and rejected the application.

He disqualified her for six months, put her on an interlock device for a further 24 months and sentenced her to a community correction order for 12 months.