Newcastle mum avoids jail after blowing four times legal limit with kids in car
Merewether mum, Kerri Ann Newell, 43, has escaped jail time after she pleaded guilty to driving four times over the legal limit with her two young children in the car after picking them up from school.
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A Merewether mum, who blew four times the legal limit with her two young children in the car, has avoided jail time with a 17 month intensive corrections order and disqualified from driving for eight months at Newcastle Local Court on Thursday.
Kerri Ann Newell, 43, pleaded guilty after she returned a reading of 0.239 after she collected her eight- and 11-year-old from Merewether Heights Public School on June 17.
The court heard Ms Newell was in her pyjamas and pink dressing gown when she was stopped by police on Frederick St, who were looking for her vehicle after being warned the person driving it may be affected or intoxicated.
When she spoke to police, they noticed a liquor smell within the vehicle and that she was reluctant to get out the car.
She told them she had three glasses of champagne between noon and picking up her kids and had not consumed any food that day.
Ms Newell’s lawyer told the court his client was a good mother and noted a large number of family members in court to support her.
He also said she had made a commitment to treatment with family as her support, and at the time did not see her drinking as a problem.
Ms Newell, who is a disability care worker, appeared clearly distressed as magistrate Peter Barnett read out the facts of the offence.
He told the court it was among the most serious offences under the roads act, which could see a maximum penalty of 18 months imprisonment.
“I have taken into consideration community safety,” magistrate Barnett said.
“I’m not going to say she wasn’t a good mother, but she wasn’t a good mother on that day.”
Magistrate Barnett told the court Ms Newell was a survivor of an abusive domestic relationship and an argument with her former partner was a catalyst for the offence, but stopped short of excusing her.
“It doesn’t justify but perhaps explains, but definitely doesn’t mitigate,” he said.
Since the offence Ms Newell has participated in a traffic intervention program, had taken herself to Mater Hospital for alcohol and drug clinical services before coming to court and the magistrate believed she was genuine in addressing the issue.
The court heard Ms Newell is also taking part in a lifestyle program, one-on-one counselling, and she has since gone to parenting courses and engaged the services of a psychologist.
“On the material here, there is an unlikelihood of reoffending. I have to consider her two children and what effect it will have on them,” magistrate Barnett said.
“Luckily there was no reckless driving involved, she was going 50 kilometres at the time.”
Ms Newell was convicted and given a 17 month intensive corrections order and ordered to do 220 hours of community service.
The mother of two must abstain from alcohol for the duration of the order, continue at the Mater hospital in the lifestyle program, and continue to accept treatment as well as continue parenting courses.
She was also disqualified from driving for eight months, which after already being off the road for a period, will expire in February where Ms Newell is required to have an interlock fitted for 24 months.
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