Kel Stewart Ross released from prison after appeal in Tamworth court

Kel Stewart Ross appeared in Tamworth District Court when he successfully appealed the six month prison sentence he was served after he was caught almost three times the legal limit.

In court, his defence solicitor Marc Riviere said imposing a jail sentence for Ross wasn't appropriate and asked the court to release the 37-year-old from custody.

"He's well and truly learnt his lesson, I can tell you that," Mr Riviere said.

READ ALSO:

Ross was pulled over by police after he downed four or five beers on a first date, but was forced to flee when the woman's ex turned up.

The Quirindi man got behind the wheel of his red Nissan Navara to flee from the ex-lover before he was stopped, breath tested, and arrested by police for mid-range drink driving.

Before the six month prison sentence was handed down in July, Mr Riviere asked for the matter to be dealt with by way of a community based punishment so Ross could maintain his employment and volunteer status.

He maintained that position when the matter was mentioned before Judge Andrew Coleman in the district court.

The Quirindi man had been in custody since he was sentenced, after he made an unsuccessful application for bail in the lead up to the appeal.

Judge Coleman said while Ross had a driving record "he should not be happy with", it was not an offence that required a prison sentence.

He read a letter that Ross had written to the court which said he made a "mistake", and was "foolish" for driving after downing the drinks.

Judge Coleman upheld his appeal, released Ross from custody, and re-sentenced him to a 12 month supervised good behaviour order.

He added the condition that the 37-year-old must stay away from alcohol for the 12 month term of the order.

Ross was also required to stay off the road for a period of time, and install an interlock on his car when he's allowed to drive again.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: