A drink driver told police he drank six Vodka Cruisers and 12 full-strength beers in the hours before he was caught.
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Jayden Foley of Nile Street, was stopped on Nyrang Road about midnight on April 14, 2024.
The 23-year-old returned a positive breath test so he was arrested and taken to Orange Police Station.
While at the station he said he had been drinking the Vodka and beer since 5pm on April 13, 2024.
An analysis taken at the police station returned a mid-range reading of 0.104.
Magistrate David Day sentenced Foley in Orange Local Court on Thursday, June 20, 2024.
Solicitor Emily Lucas said Foley completed the Traffic Offenders Intervention Program and confirmed the drinks he'd consumed the day before driving.
She asked the court to deal with the offence by giving Foley a bond without a conviction.
"This is the first matter that would be on his record if he were to receive a conviction," she said.
Ms Lucas said Foley received a distressing phone call that night and went to to see the caller.
"He wishes he never got in the car that night but instead called the police or ambulance service.
"He's shown great insight that having a licence is not in fact a right but a privilege."
Police Prosecutor Sergeant Beau Riley disagreed with Ms Lucas about the sentence.
"Mid ranges turn up good ladies and men who have made the wrong decision," he said.
"It is dangerous, he should be convicted."
Mr Day agreed that a conviction should be made.
"What lets him down Ms Lucas is the reading," Mr Day said.
"This is a morning after offence, very early morning after offence, midnight.
"He received a distressing phone call and was driving to see his partner. If it was that distressing, it was a matter for the police anyway.
"He had a lot to drink and he shouldn't have driven, for that reason he should be convicted."
He convicted Foley and gave him a 12-month community correction order.
Mr Day also disqualified his driver's licence for one month and gave him a 12-month interlock order.
A driving suspension police imposed on Foley after his arrest was taken into account when the disqualification period was given.
