A MAGISTRATE has questioned why a man hadn't been charged with being drunk behind the wheel when he crashed into a power pole in West Tamworth.
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Adam Cook fronted Tamworth Local Court this week where he pleaded guilty to one charge of sustained loss of traction, stemming from a collision on January 26, 2024.
Magistrate Julie Soars asked the prosecutor whether or not a drink driving charge was expected to be levelled against the 34-year-old after the agreed police facts revealed Cook was more than double the legal limit at the time of the collision.
Ms Soars said if the matter was to progress solely on the loss of traction charge, she would be restricted to imposing nothing more than a fine on the 34-year-old.
"He took down a power pole ... today I give him a fine? Is that what I'm being asked to do?" Ms Soars said.
The agreed police facts state Cook had consumed a number of alcoholic drinks before he jumped behind the wheel of a white Ford Falcon, just after 10pm on Maxwell Street, West Tamworth.
When the 34-year-old approached the T-intersection of MacGregor Street and Cole Road he accelerated harshly, causing the ute to lose traction and spin 180 degrees, before colliding with a power pole on the median strip.
It's believed the car lost traction for about 50 paces, according to the police facts.
The agreed facts state the crash caused "significant damage" to the car and power pole, and if someone was in the passenger seat they would have been seriously injured.
As a result of the crash power lines were down, and electricity crews and Fire and Rescue officers were called to attend the scene
Cook left the crash site and police later located him at a West Tamworth home where he told officers he had consumed a number of alcoholic beverages.
The 34-year-old returned an initial positive blood alcohol concentration (BAC) reading of 0.160, more than three times the legal limit.
"It's a loss of traction, over a substantial distance, and it did cause an accident," Ms Soars told the court.
"But it's a fine only matter?"
Police prosecutor Sergeant Rob Baillie said the matter would need to be adjourned to find out if a drink driving charge would be laid.
"Unfortunately that information is not on hand and has not been provided," he said.
Sergeant Baillie said the blood alcohol reading was "up-in-the-air".
The matter was adjourned until April 2024 for sentencing, or for the additional charge to be laid.