OPEN BOTTLES of Toohey's Extra Dry were found in the centre console of a car after a man - who is now behind bars - was pulled over in Tamworth drink driving in the middle of the day.
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Muni Goundar, 49, was in the community but was taken down to the cells after he was handed a 26-month prison sentence in Tamworth Local Court for high-range drink driving and disqualified driving.
He was disqualified from driving for a further two years and must have an interlock for four years after that.
Magistrate Roger Prowse said the South Tamworth offending was "bad enough", but it wasn't the first time he'd been caught.
The court heard the Fijian man couldn't hold a licence until at least 2026 after his records revealed he had at least two other high-range equivalent charges from Queensland and a third drink driving matter from Victoria.
"You are a clear existent danger to anybody else anywhere near you if you are in a motor vehicle," Mr Prowse said during sentencing.
He said there was no other option than to hit Goundar with a full time jail sentence of 26 months, with 18 months non-parole.
He said Goundar should go to a rehabilitation facility after leaving prison.
Goundar showed no emotion when Mr Prowse told corrective services staff to "take him away, thanks".
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His Legal Aid defence solicitor submitted Goundar worked at Baiada, sent money to family in Fiji and had a hard time during COVID-19 as his cleaning business went bust.
Mr Prowse questioned how a cleaning company could possibly run out of business in a pandemic, and slammed the notion that had contributed to his drinking, noting offences dating back to 2017.
"Let's not pretend it was COVID-19," he said.
Goundar was behind the wheel of a gold Toyota Prado Landcruiser just after midday on June 19 when concerned community members called police to complain about his manner of driving.
Police were told the driver and his two passengers were intoxicated, and that the four-wheel-drive had been seen travelling towards Tamworth on Duri Road.
Half-an-hour later, police were out patrolling when they spotted the gold Toyota near Burgmanns Lane.
Goundar was in the driver's seat with one hand on the wheel as he drove past the cop car.
Police began to follow and noticed the four-wheel-drive speed up and overtake a car as it passed through roadworks.
"The vehicle did not stay within its lane and crossed over the fog line numerous times," police facts tendered to the court said.
He was pulled over and returned a positive roadside breath test.
Police said they noticed a strong intoxicating smell coming from him, and that his speech was slow and his eyes were bloodshot.
Officers noticed two bottles of open Toohey's Extra Dry in the centre console and Goundar admitted he had been drinking them while driving along the road near Tamworth.
He was taken to Tamworth Police Station and blew more than five times the legal blood alcohol limit - 0.274.
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