A MAGISTRATE has shot down a request for a high-range drink driver to walk from court without a conviction on her record.
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Magistrate Julie Soars said Natasha Beryl Dates had continued to "put the community at risk" while sentencing her for her third high-range drink driving offence.
"These offences involve the community and the public," Ms Soars said.
Court documents reveal Dates was driving on Cossa Street, Tamworth, at about 3:15am on July 30, 2023 when she was pulled over by police.
Agree police facts state officers noticed Dates was clearly affected by alcohol, smelt of intoxicating liquor, had glazed eyes, and was stumbling on her feet.
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The 48-year-old was taken to Tamworth Police Station where she returned a positive blood alcohol reading of 0.181, almost four times the legal limit.
Dates told officers she had only drunk light beer, but couldn't tell them how many.
In court, her Aboriginal Legal Service defence solicitor Ohrania Huggins said despite Dates' record, she hadn't committed a drink driving offence in more than five years.
"I would submit leniency would be available," Ms Huggins said.
She said Dates had engaged with health support, and completed the traffic offenders program.
Ms Huggins said the program helped open her eyes, and she regretted her actions.
Ms Soars said given the lapse in offending the drink driving did appear to be somewhat "out of character".
But a non-conviction would not be available.
"You put the community at risk, and it becomes very difficult," Ms Soars said.
"Luckily nothing went wrong on the road."
Ms Soars convicted Dates and sentenced her to a 12 month good behaviour order.
She was disqualified from driving for six months, and must have an interlock fitted to her car for two years.
"Do whatever you can to make sure you're not put in a position where you're tempted to drive under the influence of alcohol," Ms Soars said.
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