Reuben Kyle Dorries pleads guilty in Roma Magistrates Court to drink driving and failing to record in his vehicle log book

A truck driver has blamed bariatric surgery from seven years ago for changing his metabolism after he was busted drink driving.

A 34-year-old truck driver has landed back in court for the first time in nearly a decade, blaming the effects of a surgery from seven years ago and undiagnosed depression for his drink driving.

Reuben Kyle Dorries pleaded guilty in Roma Magistrates Court to driving over the general alcohol limit and failing to record in his vehicle log book.

Police prosecutor Mathew Donnelly said on April 21 at 10.30am Blackall Police intercepted a prime mover on the Landsborough Highway for a licence check, roadside breath test and logbook compliance check.

Dorries, who was driving back home to Roma, returned a positive result with a blood alcohol reading of 0.075 and hadn’t recorded his driving for the day in the vehicle logbook.

Defence lawyer Craig van der Hoven advised against a lengthy disqualification period and asked for the one month minimum, saying his client’s drivers licence was “intrinsically linked to his ability to earn an income” and that the truck driving industry was “short on staff at the moment”.

“He wasn’t transporting livestock on the day, just driving home to Roma from Barcaldine, even though that doesn’t excuse the offending,” Mr van der Hoven said.

“The period he has off the road is going to be a period in which he makes no money in order to support his family.”

He said Dorries, who has been working as a truck driver for 14 years, hadn’t been before the court for drink driving in 12 years.

“Mr Dorries has accepted that he does have a number of entries on his traffic history for drink driving, but there has been no entries in the last five years,” Mr van der Hoven said.

“He undertook a surgery in 2016, which was a bariatric surgery, which reduced his stomach size and he went from a 170kg to 100kg which is the weight he maintains now.

“Since he had that surgery your honour he typically doesn’t drink more than a beer or two on the weekend.”

Mr van der Hoven said the defendant’s surgery altered his metabolism and changed his ability to break down alcohol and that he’s also been struggling with undiagnosed depression.

“I’m instructed that he wasn’t aware bariatric surgery had significant effects on metabolising alcohol until after he conducted his own research, he accepts full responsibility being over the prescribed legal limit,” he said.

Acting magistrate Michael Bice said it was concerning Dorries was above the general alcohol limit considering heavy vehicle drivers are meant to be under zero.

“You do have priors even though they are quite dated,” he said.

“One in 2010 you had a BAC of 0.077 and you were disqualified for three months, in 2011 you had another BAC of 0.16 and fined $800 and suspended for eight months.

“In 2014 you drove with a relevant drug present and you were fined $1400 and disqualified for seven months.”

He handed Dorries a combined $800 fine referred to SPER and disqualified him from driving for two months.

Convictions were recorded.

Originally published as Reuben Kyle Dorries pleads guilty in Roma Magistrates Court to drink driving and failing to record in his vehicle log book