Lincoln Ellis: High range drink driver sentenced after car crashes into tree, power pole
An Asquith man has been sentenced over high-range drink driving after he crashed his car into a tree and a power pole.
Hornsby
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A man who got in his car after drinking ended up crashing it into a tree and power pole but he didn’t think he’d be caught, a court has heard.
Lincoln James Ellis, 27, of Asquith was sentenced at Hornsby Local Court on Thursday after pleading guilty to drive with High Range PCA on April 4, with a breathe test reading of 0.184.
According to papers tendered in court, about 11.25pm Ellis was driving a car in a southerly direction on Galston Rd, Hornsby Heights when the crash happened and police were called to the scene.
Police facts state, “he left the roadway and collided with a tree before coming to rest on a power pole causing extensive damage to his vehicle”.
Details from documents reveal Ellis admitted to being the driver, but there was also a witness who provided police with a statement and “observed the accused in the driver’s seat of the vehicle right after the collision”.
Police facts stated at the time of the incident the traffic was light, there was good street lighting and the road was dry.
Ellis was taken to Royal North Shore Hospital where a number of tests were undertaken and he returned a reading of 0.184.
Court papers have also shown it was Ellis’s second drink driving offence after he was charged with middle range PCA in August 2015, which resulted in disqualification for seven months and a $700 fine.
During court proceedings Ellis’s lawyer Craig Murray said his client had undertaken a program.
“This is a traffic offenders rehabilitation program which can show what can happen, considering he had an accident. He’s lucky he didn’t get any injuries and he didn’t injure anyone else,” Mr Murray said.
“Since it was five years ago since that mid range he’d be looking at four years interlock. He’s definitely a decent person, there are decent people who make mistakes.”
But Magistrate Louise McManus said it was his “second DUI at 27”.
“That rings alarm bells for me. It shows he’s drinking, he has to stop.”
In response Mr Murray said it was the first time his client had an accident and has cut down on drinking since.
“[The reading] was up there so he knows the seriousness of it. People come up with excuses in court and using alcohol as a crutch in your life to deal with issues doesn’t work. He’s lost his grandfather recently and his father has been sick and he was stressed and did the wrong thing.
“He didn’t think he’d be caught. I think interlock works for people like my client because he is a person who thinks about his actions, obviously not on this occasion but this is a reminder.”
Magistrate McManus said the maximum penalty is a fine and a two year jail sentence.
“Your matter is aggravated by the fact you had an accident. What it shows me is the real reason these laws are in place is exactly what happened to you,” Magistrate McManus said.
“I’ve read the material before me, you’re going through grieving with the death of your grandfather and the ill health of your father but what could have happened on this night is your father could have got the news that you lost your life or someone else’s life comes to an end because of your actions.
“You didn’t learn your lesson from mid range. I accept you’re a genuine man but this is such a weakness and a real issue you have to address. I will sentence you to jail if you are before my court again.”
He received a community corrections order for 15 months, a disqualification from driving for 10 months and a four year interlock period.