Peter Moulton faces court on serious drink-driving charge
A western Sydney man who drank five bottles of Jack Daniels before he was caught driving more than double the speed limit down a busy Penrith road has faced court.
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A Kingswood man who drank five bottles of Jack Daniels before he was caught speeding down a busy Penrith road was more than three times over the legal limit.
Peter James Moulton, 48, was stopped by police in his white Toyota Ute at about 10.20pm on April 10 after a radar reading captured him travelling at 106 km/h in a 50 km/h zone on Victoria St, Werrington.
According to court documents, police noted Moulton’s eyes were “bloodshot and glazed” when they approached him, and that he smelt “strongly of alcohol”.
A roadside breath test returned a positive result, and further testing at Penrith police station returned a blood-alcohol reading of 0.163.
During sentencing before Magistrate Brian van Zuylen in Penrith Local Court on Thursday, Moulton’s lawyer told the court his client couldn’t afford to go to jail as he owned two businesses and had mortgages on two properties.
“He would lose his business if he’s sent to jail, and his children would be left without a home,” he said.
The court heard Moulton had a terrible driving record prior to 2005, including four other offences of driving under the influence, but had turned his life around after finding his biological parents.
However, Magistrate van Zuylen pointed out that Moulton had driving offences on his record since persuading a court to remove a long-term license suspension in 2017.
Moulton was sentenced to 15 months in jail, with a nine-month non-parole period, a sentence he appealed immediately.
During a bail application later in the day, Moulton’s lawyer proposed to have him never occupy the driver’s seat of a car during his bail.
“There has been no further offending since this offence, he’s undertaken counselling, and he’s completed the traffic-offenders program,” he said.
“There are reasonable prospects of success in an appeal, this could be dealt with by an ICO.”
Magistrate van Zuylen acknowledged the possibility of a successful appeal, but said it was unlikely.
“In this court’s point of view, it’s difficult to see (a successful appeal) given the speed, the type of vehicle, the disregard for the law, and his terrible driving history,” he said.
“There is an unacceptable risk of endangering people in the community, bail is refused.”
Moulton’s appeal will be heard in the Penrith District Court later this year.