Port Macquarie father, Nelson Mackenzie, convicted for second drink-driving offence
Nelson Mackenzie, a 23-year-old from Port Macquarie, found himself before Port Macquarie Local Court again this week for drink-driving. Read on to find out the magistrate’s verdict.
Mid-North Coast
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Nelson Mackenzie, a 23-year-old father of two, has pleaded guilty in Port Macquarie Local Court for his second drink-driving offence.
It comes after police followed the young driver’s red Nissan Navara along Buller St, watching as he mounted the gutter and swerve harshly back onto the road.
The incident occurred just before 9pm on Wednesday, November 10 last year, prompting authorities to follow the car for about a kilometre.
According to the agreed facts, the trailing officers saw Mackenzie’s vehicle move side to side between the road’s white lines on multiple occasions.
Mackenzie turned into Findlay Ave, Port Macquarie, and police turned on their lights and sirens to pull the vehicle over.
The young driver returned a positive reading on a breath test and was placed under arrest for the purpose of a full breath analysis.
Mackenzie was argumentative with police, abusing them before being taken to Port Macquarie Police Station and placed into custody.
He blew 0.172, admitting to police he drank about seven beers between 4.30pm and 8.30pm that night.
Mackenzie also confessed to being on his phone while driving.
Upon being served with a court attendance notice, Mackenzie told police “are you f*****g kidding me, youse are all f**kwits”.
He pleaded guilty before magistrate Georgina Darcy, who determined his sentence in court on Wednesday this week.
In relation to the abusive comments, Ms Darcy reminded Mackenzie that the police officers “were merely doing their job”.
The magistrate did, however, acknowledge that these comments were “probably said in anger”.
Mackenzie’s lawyer, Steve Jensen, spoke of his client’s good nature and need for a licence in his defence submission.
“He’s well-regarded by his employers,” Mr Jensen said. “He grew up in Port Macquarie and left school in Year 11 to start work.
“He travels across NSW for his job.”
Mr Jensen also told the court his client was concerned the magistrate’s ruling could impact his job.
“He shows insight from the incident, and self-concern regarding his employment,” Mr Jensen said. “He details his understanding that his actions could’ve caused significant harm to others, for which he is remorseful.
“He is a low-risk of reoffending.”
The magistrate took these factors in to account, noting that there were a number of aggravating factors including the manner of driving, number of drinks consumed and mobile phone use while driving.
“You’re worried about this impacting your employment but, if you’d killed someone (on the road that night), your employment wouldn’t be there when you got out of jail in seven years’ time,” Ms Darcy said.
Noting only one prior traffic-related offence from when Mackenzie was a P-plater, the magistrate determined his recent record is “quite a good one”.
“It shows you’re maturing a little bit,” Ms Darcy said.
“But my hands are tied (when it comes to sentencing) because this is your second offence.”
Mackenzie was convicted and sentenced to a Community Correction Order for 12 months.
He has also been disqualified from driving for nine months, and will need to hold an interlock driver’s licence after this period concludes.
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