Kyle McDougall: Dubbo man crosses four lanes of traffic in view of police before blowing three times the legal limit
A drunken Dubbo man charged with high-range drink driving has been sentenced in court. Here’s what unfolded.
Dubbo News
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A heavily boozed-up Dubbo man who crossed four lanes of traffic before being pulled over by police has been convicted in court.
Kyle McDougall, 24, appeared in court supported by his mother as he pleaded guilty to high-range drink driving after he was arrested in the late hours of July 6 this year.
According to agreed facts tendered to court, McDougall was driving a black Holden Colorado on Erskine Street in Dubbo when police observed the car turn onto Thompson Street, and “crossing four lanes of traffic”.
Police subsequently pulled McDougall over, noticing a male passenger in the car and a half empty bottle of spirits in the centre console.
A “strong smell of intoxicating liquor” emanated from the car as McDougall produced a positive result to a roadside breath test.
He was arrested and taken to Dubbo Police Station for further testing, which included a breath analysis of 0.158.
On Wednesday, McDougall’s lawyer Arthur Nguyen appealed for a community corrections order along with the minimum disqualification of six months.
Magistrate Imad Abdul-Karim noted the reading was more than “three times the prescribed legal limit” and it was the manner of McDougall’s driving which alerted police.
“There are a number of aggravating features … another person [in the car] … manner of driving … happening in the late evening at 11.25pm,” Magistrate Abdul-Karim said.
While considering whether the section five threshold – where a court must not sentence an offender to imprisonment unless it is satisfied – was crossed, Magistrate Abdul-Karim said McDougall’s “relative youth” was in his favour.
He ultimately convicted the 24-year-old, placing him on an 18-month supervised community corrections order and imposing 100 hours of community service work to be completed.
McDougall was disqualified for six months and he will be subjected to a two year interlock licence.
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