Mark Rowe caught committing “most serious” drink driving offence, convicted

A Port Macquarie removalist has avoided jail time after police caught him behind the wheel while more than four times over the legal limit.

A Port Maquarie removalist is lucky to be alive – and still out of jail – after he was caught behind the wheel while more than four times over the legal limit.

It’s Mark Rowe’s second time in court for drink driving, after being sentenced in early 2021 for a low-range offence.

Magistrate Georgina Darcy told the 27-year-old it was pure “good luck you weren’t in an accident”.

Rowe pleaded guilty to driving with high-range PCA and was sentenced in Port Macquarie Local Court on Wednesday, a the speeding charge was dismissed.

He was caught by a lidar scanner on Wednesday, February 22, while driving his grey Ford Ranger ute back from Lorne.

While out of town, Rowe stayed at Swans Crossing campground where he drank eight large cups of Sprite and what he assumed to be vodka.

The court heard Rowe acquired the drinks from a stranger who invited him to celebrate the unknown man’s birthday.

According to Rowe, his first drink was at 2pm on February 22, and his last was at 1am the following morning.

The ‘vodka’ turned out to be homemade moonshine, so Rowe was still well over the limit when he was pulled over around 3.30pm on the afternoon of February 23.

Police originally stopped the vehicle after they caught him travelling 131km/h in a 110km/h zone on the Pacific Hwy near Kew.

When speaking to Rowe, he “appeared sedated/relaxed, his eyes were bloodshot and glazed”, according to the agreed facts.

Police submit Rowe was “well affected by intoxicating liquor”.

The driver returned a positive roadside breath test, and was arrested and taken to Port Macquarie Police Station where he later returned a reading of 0.212.

Regarding his actions, Rowe told police he was sorry.

His lawyer, Steve Jensen, told the magistrate his client acknowledges it was a “stupid action”.

Rowe completed the Traffic Offender Intervention Program (TOIP), and was spoken to in “some detail” by Mr Jensen about the seriousness of the offence.

The defence submitted Rowe had learnt his lesson, with Mr Jensen explaining the TOIP had taught his client that the impact on other people “could’ve been terrible”.

Magistrate Georgina Darcy determined Rowe’s fate in Port Macquarie Local Court on Wednesday.

While the arresting officers treated the high-range offence as Rowe’s second, Mr Jensen argued his client’s low-range offence didn’t cross the section five threshold and he therefore shouldn’t be jailed for his second time in court for drink driving.

The magistrate agreed, saying Rowe was “on the borderline” of being entered into custody since he’d be caught before.

Ms Darcy, considering the defence’s submission, cautioned Rowe regarding the dangerousness of his actions.

“This is the most serious drink driving offence,” Ms Darcy warned.

“And it occurred about a year after you attended court for the low-range offence.”

The magistrate spoke on the aggravating factors surrounding the incident, including the distance Rowe travelled, the driving speed he was caught at, and the breath test reading itself.

“If you had hit a tree or something, you could end up in a wheelchair for the rest of your life,” Ms Darcy said.

She noted Rowe’s other traffic offences, including a drug possession matter in 2015 and his cancelled licence in 2017, before handing down her verdict.

Rowe was convicted and sentenced to a community correction order with supervision for two years, and 100 hours of community service.

He was also disqualified from driving for nine months, and must hold an interlock licence thereafter.