Chittaway Point: Off-duty police officer Ashleigh Juka Gavin convicted for mid-range drink driving

The drunk off-duty police officer who crashed into a parked car and garbage bin in a quiet street in Chittaway Bay has been sentenced.

An off-duty police officer who drunkenly drove and crashed into a parked car and garbage bin in Chittaway Point has been sentenced.

Ashleigh Juka Gavin, who is attached to a specialist command, appeared at Wyong Local Court before Magistrate Justin Peach on Monday, after pleading guilty to one charge of drive with mid-range prescribed concentration of alcohol (PCA).

Gavin was driving a Suzuki Sedan on Geoffrey Rd in Chittaway Point around 11.35pm on August 3 when the vehicle crashed into a bin and parked car.

“The force of the impact caused the airbags in the accused’s vehicle to activate and also extensive damage to the front of her vehicle,” an agreed set of facts tendered to the court stated.

Ashleigh Juka Gavin after she pleaded guilty. Picture: NewsLocal

Neighbours came outside to help Gavin, including two off-duty nurses, and an ambulance and police were called.

Police officers from Tuggerah Lakes District interviewed Gavin who said she was heading home from a friend’s house before the crash. The facts stated that Gavin admitted to “consuming about four alcoholic drinks throughout the night”.

“The accused was observed to be well affected by alcohol,” the facts read.

Gavin was arrested and taken to Wyong Police Station where a second breath analysis revealed a blood alcohol concentration of 0.132.

Gavin’s defence lawyer Brad Kernick stated that the matter was “unique” with Gavin’s offence attracting media attention due to her role as a police officer.

He said the 32-year-old had dedicated 10 years of her life to the Police Force, helping the community as well as volunteering.

Mr Kernick said Gavin had started walking home on the night of the offence however struck a situation where she felt unsafe and ended up driving.

“She realises she should have gone back to her friend’s house,” he said.

The Director of Public Prosecutions prosecutor told the court Gavin’s decision to initially walk home showed she was well aware of her intoxication.

“There’s no question the community bares witness to the devastating consequences of such conduct,” she said.

“A non-conviction would go beyond considerable leniency.”

She said a conviction was warranted due to the dangers to the community and Gavin.

Magistrate Peach described the matter as a “double edge sword”.

“She is someone who I have no doubt has extensive experience related to the consequences of drink driving,” he said.

He said if she felt unsafe walking home, she should have known to call the police.

Magistrate Peach said the reason the matter was so serious is because “it’s so common” and disagreed that Gavin’s case was unique.

“These offences are so prevalent,” he said.

He told Ms Gavin her PCA reading was “knocking on the door” of a high range drink driving charge.

‘It was a significant collision and you were lucky it wasn’t more serious,” he said.

“You were lucky you didn’t hurt anyone else. There were a number of other obvious options to you … but you chose to drive.”

He said Gavin had no criminal history and was a person of good character.

“This is no doubt a salutary lesson to you and hopefully one – in terms of your career – that you will take on board,” he told Gavin.

He convicted Gavin, fined her $800 and disqualified her from driving for six months.