Mackay drink-drivers in court in April

From hitting a black cow after a “foolish decision to drive” to a young driver who lied to police after crashing his friend’s car to a Mackay firie who got behind the wheel while over the legal limit, here are five drink-drivers who faced Mackay court.

From hitting a black cow after a “foolish decision to drive” to a young driver who lied to police after crashing his friend’s car to a Mackay firie who got behind the wheel while over the legal limit, here are five drink-drivers who faced Mackay court.

Convictions recorded

Hamish Williams

A Nebo man with no licence now has a jail term hanging over his head after he made a “foolish decision to drive” ultimately hitting a black cow resulting in injuries to his passenger.

Hamish Williams, 21, had been unlicensed when he chose to drive on Strathfield Rd, at Nebo and ultimately hit a black cow.

Mackay Magistrates Court heard he went straight to the ambulance station because his passenger needed immediate medical attention.

Prosecutor Harry Coburn said checks revealed his licence had been disqualified for 24 months until June 13, 2023.

However Williams was luckily only charged with unlicensed driving rather than the more serious offence of disqualified driving, which carried a mandatory two-year licence ban.

Hamish Williams, 21, had been unlicensed when he chose to drive on Strathfield Rd, at Nebo and ultimately hit a black cow.

His blood alcohol reading was also 0.089 per cent.

“(He) has previously received significant fines and disqualification periods,” Mr Coburn said.

“And given his subsequent history of more serious disqualified driving since then, a term of imprisonment for these offences is certainly within range.”

The court heard Williams had also been on a suspended jail term at the time.

Williams pleaded guilty to mid range drink-driving and unlicensed driving.

Legal Aid Queensland defence solicitor Rosie Varley said her client was in a relationship and had just had his first child in the past few weeks.

“He does now have a family who he does financially support and it’s certainly been a wake up call … he is very much aware of the precarious position he’s put himself in today by driving,” Ms Varley said.

Williams worked as a quarry operation and his boss picked him up and dropped him home.

The court heard Williams’s mate, who was the passenger, had been driving but was falling asleep at the wheel to he made the “foolish decision to drive that evening”.

Magistrate Bronwyn Hartigan jailed Williams for three months, cumulative to his other jail term, with immediate parole.

He was also disqualified from diving for six months, meaning he cannot apply for his licence until June 2024. Williams must also pay a $750 fine.

Mitchel Brody Braak

A driver knocked back about five heavy beers when he was pulled over for a random breath test with had two passengers in a car.

Unfortunately for Mitchel Brody Braak he returned a positive reading of more than twice the legal limit.

Mackay Magistrates Court heard it was about 1.35am when he was pulled over on Mackay Bucasia Rd, Andergrove on March 20, 2022.

The 22 year old told officers he had had about four to five heavy beers. His blood alcohol reading was 0.110 per cent.

The court heard he admitted he should not have been driving.

Self represented, Braak pleaded guilty to mid range drink-driving.

He was fined $600 and disqualified for three months.

A conviction was recorded.

Convictions not recorded

Luke Raymond Zappone

A young driver, who crashed a car on a gutter while more than three times the legal limit, lied to police that some else had been behind the wheel and had fled the scene.

Luke Raymond Zappone later admitted he was “scared and did not want to get into trouble”.

The 21 year old had been on a good behaviour bond when the incident occurred about 1.15am on Pacific Dr and Blacks Beach Rd, Blacks Beach on March 7, 2022.

Mackay Magistrates Court the vehicle had mounted the gutter and Zappone and a woman, who were grossly drunk, were arguing nearby.

Prosecutor Harry Coburn said they told police a woman had been driving and she fled after the crash before police arrived, but both gave a different description of what she looked like.

Luke Raymond Zappone lied to police after he crashed a car while more than three times the legal alcohol limit. He pleaded guilty to high range drink-driving.

“Both … claimed to have walked … to the incident location and they have no idea how the incident occurred,” Mr Coburn said.

The car was registered in the woman’s name.

The court heard when asked to provide details of the person driving they hesitated before providing a false name. The woman also later claimed she had been in the rear and Zappone had been the front passenger.

Mr Coburn said neither could provide the location of the car keys, which were not in the ignition.

Zappone then said he had been in the back and the woman had been in the front.

The court heard witnesses had seen the crash, saw a man and a woman get out of the car and heard the woman yell, “you wrecked my f***ing car” before the man said, “you let me drive”.

Eventually the woman began crying and told police Zappone was driving and that she lied “because she was afraid of him”.

Checks revealed Zappone’s blood alcohol reading was 0.163 per cent. He pleaded guilty to driving under the influence of liquor, failing to have proper control of a vehicle and breaching a good behaviour bond.

Legal Aid Queensland solicitor Rosie Varley said her 21-year-old client had made a “very silly and foolish decision”.

“He is due to commence a new job,” Ms Varley said, later adding her client had no traffic history.

“I would submit that the plea is early.

“It is good luck rather than good management that there was no other vehicle involved.”

Magistrate Bronwyn Hartigan said it was a serious example of not having proper control of a vehicle.

Zappone was fined a total of $2400 and he was disqualified for six months.

A conviction was not recorded.

Ivy Florence Sutton

A magistrate accepted when Ivy Florence Sutton blew slightly over the limit it was an “error in judgment” and not a deliberate attempted to drive while over the legal limit.

Mackay Magistrates Court heard Sutton was stopped for a random breath test on February 5, 2022 about 12.09pm at a boat ramp of River St and returned a positive reading.

Ivy Florence Sutton pleaded guilty in Mackay Magistrates Court to low range drink-driving.

The court heard the vehicle she was driving was stopped a short distance from the ramp. Her blood alcohol concentrate was 0.053 per cent

Sutton pleaded guilty to low range drink-driving and loading exceeding normal carrying capacity of a vehicle – exceed reasonable safety requirements.

Magistrate Damien Dwyer accepted her reading was an “error in judgment”.

Sutton was fined $500 and disqualified from driving for six weeks, but was granted a restricted licence.

A conviction was not recorded.

David Charles Miller

A Mackay firie and dedicated volunteer waited about three hours for a taxi before he made the decision to drink-drive.

David Charles Miller was stopped on Mackay Bucasia Rd, Rural View about 3.20am on March 20, 2022 and he told police he had had about 10 to 12 beets between 8pm and 3pm after volunteering for Brothers Rugby League at the grounds near Mackay airport.

The father of three had a blood alcohol reading of 0.128 per cent.

Mackay Magistrates Court heard he had waited three hours for a taxi and had called the service seven times before he had the decision to drive.

Magistrates Bronwyn Hartigan accepted Miller was a dedicated volunteer who had given it his “best shot to get a taxi”.

The court heard Miller was a member of the Queensland Fire and Emergency Service in Mackay and had been in a different role since his licence was suspended as a result of his reading.

He was convicted and fined $1000 and disqualified from driving for three months. He was granted a restricted work licence.

Originally published as Mackay drink-drivers in court in April