Drink-driving Dad who left seven-year-old girl on her own while he went on a beer run refuses to take breath test
He should have been looking after his daughter but instead he left her home alone to go on a beer run. He then refused to take a breath test, and now he’s ended up in court.
South East
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A drink-driving dad who left his seven-year-old daughter home alone to go and buy more booze has been banned from getting behind the wheel and heavily fined.
Phillip Torpy had left his only child at their Langwarrin home to go and fetch more grog from the nearby shopping centre when he was seen driving erratically by police.
He refused to take a breath test, saying he didn’t have the time to accompany officers back to the police station because his daughter was waiting for him.
Frankston Magistrates’ Court yesterday heard Torpy’s car was seen by police as he drove into The Gateway shopping centre in Langwarrin about 8pm on July 27 last year.
He raced through the centre car park, spinning wheels over speed humps, before pulling up at a parking space.
He then got out of his car and started to walk away before officers caught up with him.
He was breath-tested and registered a positive for alcohol, but when asked to accompany officers to the station for an evidentiary test, he refused.
Despite being asked again, and told he would be banned for the mandatory two years if he continued to refuse, he said no.
He said he had a daughter at home and he didn’t have time to go to the station.
Officers took him back to his house and found the young girl home alone, playing with her toys.
Torpy, who works at a Frankston fruit shop, said he had drunk four beers and was going out to get more when he was intercepted by police.
He said he refused the test because “he didn’t want to leave his daughter alone for too long”.
He represented himself in court, admitting he was going to get beer, but also fetching some ice cream for his child.
“I showed a complete lack of judgment,” Torpy said.
“I’m sorry for my actions.”
He said he was meant to be looking after the girl while his wife went to the football, and this mistake wouldn’t happen again.
“I’ve hurt my whole family from one incident of stupidity.”
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Magistrate Timothy Gattuso said not only was refusing a breath test a bad move, leaving a child alone was also fraught with danger.
“You leave her when you are meant to be supervising her,” Mr Gattuso said.
“It doesn’t make sense you are prepared to leave her to get alcohol.”
He said Torpy, who had no priors, had shown insight into his offending and this was something that would likely not occur again.
Torpy was fined $1250 and disqualified from driving for two years. No conviction was recorded.