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Battoraro was five times over the limit when he sped through a red light in Woolcock St

A man who caused a crash at one of Townsville’s busiest intersections while five times over the legal limit has been sentenced for his crimes.

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A MAN who caused a crash at one of Townsville’s busiest intersections while five times over the legal limit has avoided serving actual jail time.

Benjamen John Battoraro, 37, was sentenced in Townsville Magistrates Court on Monday after pleading guilty to charges of dangerous operation of a vehicle affected by intoxicating substance, driving without a licence, and failing to comply with duties of driver involved in a crash.

The court was told that on September 9, 2021, Battoraro was driving in Woolcock St towards the intersection at Hugh St, when he sped through a red arrow in the right-turn lane into oncoming traffic.

Another car with the right of way T-boned Battoraro’s car, before it was pushed into another vehicle.

Magistrate Steven Mosch said there was “exceptionally high” levels of damage to Battoraro’s car, and it was “frankly extraordinary” it was able to be driven.

Battoraro then drove away from the scene on the wrong side of the road, swerving into the direction of oncoming traffic.

Mr Mosch said it was “incredulous” that Battoraro managed to drive 3km home.

Police found Battoraro in “altered states of consciousness” at his home, ranging from laughing, to crying and being unsteady on his feet.

A blood-alcohol content of .260 was recorded, five times over the legal limit.

His licence was also found to be disqualified.

It was heard Battoraro had a “concerning” seven-page traffic history, including previous drink driving offences and careless driving.

Mr Mosch acknowledged Battoraro’s childhood had been “marred by tragedy” with his mother and brother both dying in traffic accidents, a fact the magistrate said was “shocking”, considering his offences.

Psychologist reports tendered to the court stated Battoraro had PTSD, “unresolved issues of grief”, and alcohol dependence – diagnoses which Mr Mosch said made sentencing more “complicated”.

Mr Mosch said Battoraro’s steps to much-needed rehabilitation and assistance would be “disrupted” if he were to spend time in actual custody.

Battoraro was sentenced to two years jail, with immediate release on parole.

He was disqualified from driving for a total of four years, with convictions recorded for all charges.

katie.hall@news.com.au

Originally published as Battoraro was five times over the limit when he sped through a red light in Woolcock St

Original URL: https://www.ntnews.com.au/news/townsville/battoraro-was-five-times-over-the-limit-when-he-sped-through-a-red-light-in-woolcock-st/news-story/b38961fa8b4584aa5ca623838962e71b