Daniel Sawley, 50 wants drink drive conviction annulled because he wasn’t in court

A man who allegedly blew three times the limit and then failed to turn up at a country courthouse on the day he was convicted of drink driving, wants to have that conviction cancelled.

Daniel Sawley, 50, of Armidale, outside Manly Local Court on Wednesday where he faced charges of high range drink driving and driving while his licence was cancelled. Picture: Manly Daily

A man who failed to turn up at a country courthouse on the day he was convicted of a serious drink driving charge has asked for time to apply to have that conviction annulled.

Daniel Sawley, 50, was convicted, in his absence, by Armidale Local Court in September last year of one count each of high-range drink driving and driving while his licence was cancelled.

But in Manly Local Court on Wednesday, where it was expected he would be sentenced for the two offences, Mr Sawley was granted an adjournment so he could make an application to have the two convictions cancelled.

Under Section 4 of the NSW Crimes (Appeal and Review) Act, an application can be made to have the conviction annulled if the defendant “was not in appearance before the Local Court when the conviction was made”.

Daniel Sawley, 50, of Armidale, outside Manly Local Court on Wednesday. Picture: Manly Daily

At an earlier appearance at Manly court, Mr Sawley said he had been receiving regular treatment for cancer.

If the convictions are annulled by the Local Court, Mr Sawley, who lists a home address in Armidale on court papers, may be asked to re-enter pleas to the charges.

Papers tendered to court indicated that a warrant was issued for his arrest after his conviction on September 7. He appeared in Armidale court on October 3, where he was granted bail.

The matters were then transferred to Manly Local Court.

In a police facts sheet tendered to Manly court on Wednesday, police alleged that at 9.20pm on Friday, June 9 last year, they pulled over a Ford Ranger ute in Rusden St, Armidale, being driven by Mr Sawley.

He blew 0.180 in a breath test.

Mr Sawley allegedly told police that he had drunk a whole bottle of white wine before deciding to drive.

A police check also found that he was driving despite his licence being previously cancelled.

The matters were adjourned to Manly Local Court on March 6.