Disqualified driver caught drink driving twice in a day
A GYMPIE man has narrowly escaped jail, but will have a three-month sentence hanging over his head for the next three years, after two drink driving offences on the same date, at Surfers Paradise and Federal.
The court was told Jason Scott Osborn was already disqualified from driving at the time, following an earlier drink driving conviction.
Magistrate M Baldwin remarked that it was strange Osborn, 34, had showed the same blood alcohol level in the very early hours of July 17 in Cypress Ave, Surfers Paradise as he did several hours later on the Bruce Hwy at Federal.
Osborn pleaded guilty to both charges of driving at 0.127% and to disqualified driving, after being sentenced for an earlier offence on October 12 last year.
The court was told Osborn had arranged for someone else to drive his car to and from a buck's party at Surfers Paradise, where he had once lived, but had driven off to avoid what solicitor Chris Anderson described as a potentially violent and volatile situation.
The prosecution told the court Gold Coast traffic police had seen Osborn's north-bound car hit a median strip and had pulled him up.
Mr Anderson told the court Osborn had slept in his car after being booked and some hours later thought he was sober enough to drive back to Gympie.
He was then intercepted by Nambour police at Federal at 9.50am on the same date.
"You were 0.127% both times, which is two-and-a-half times the legal limit," Mrs Baldwin said.
"When you were picked up for drink driving, you must have known you were disqualified," she said.
She warned him that the mandatory two-year disqualification which would not apply to each of his latest two offences could be cumulative and might also add to his earlier disqualification, meaning it could be "many years" before he could drive again.
Told that Osborn, a plant operator, wanted to work in the Northern Territory in a few months' time, she said jail was mandatory, except for the possibility of probation, which would prevent him leaving Queensland, unless he flew in and out to continue his probation in Queensland.
That would depend on the good will of the probation office.
She disqualified Osborn for nine months for disqualified driving, with 12 months' probation.
On the drink driving matters she disqualified him for two years on the Surfers Paradise charge and sentenced him to three months jail suspended for three years on the Federal matter.