Mitchell Drake who served in RAAF in drink drive crash with son, 7
A man — who has served in the RAAF — knocked off a dozen beers, bundled his seven-year-old son into the family Holden and then collided with another car on the northern beaches. Now he has been sentenced in court.
Manly
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A drunk dad, who downed a dozen stubbies, crashed a car with his seven-year-old son in the back seat, Manly Local Court has been told.
Mitchell Paul Drake, 53, knocked back the 12 full-strength bottles of Peroni beer at his home before jumping into a Holden Calais, with his little boy, at 6pm on a Monday night.
But minutes later the car swerved out of a southbound lane on Forest Way at Belrose and collided with a small Hyundai i30 hatchback travelling in the same direction on April 20.
When police arrived they found Drake, who was three times over the limit, laying by the side of the road with his son sitting on the kerb next to him.
The married father-of-two from Frenchs Forest was convicted on Wednesday after pleading guilty to high-range drink-driving. He blew 0.151.
Drake, a town planner who served in the RAAF for six years and used to be a lifeguard, told the court through his solicitor Ian Rolfe that he was sorry his son was in the car.
In a facts sheet tendered to court, police said when they tried to speak to Drake at the crash site he was talking “gibberish”.
“(He was) unable to stand or walk without assistance,” the facts sheet said.
Mr Rolfe, who pointed out Drake’s contribution to the community through his service with the air force and his work as a lifeguard, told the court that his client was now attending Alcoholics Anonymous (AA) meetings and was receiving counselling.
“He’s decided he will not drink again,” Mr Rolfe said.
Magistrate Michelle Goodwin told Drake that his actions had placed his son, and other road users, in danger.
“Your seven-year-old son was in the vehicle, straight away, I’m not impressed,” Ms Goodwin told Drake.
“You had an accident, you had a seven-year-old in the car. He had to witness you being arrested by police.
“Because you have engaged in all this (counselling) I will not be sending you to jail.”
But Ms Goodwin placed Drake on a 12-month Community Corrections Order to be of good behaviour and to stay away from alcohol. She ordered that he must also continue attending AA meetings and continue with counselling.
Drake was disqualified from driving for nine months.