The prosecution submitted it would be "inappropriate" not to convict Corey Cutmore when he fronted Tamworth Local Court for sentencing after he was charged with mid-range drink driving at Chaffey Dam on New Year's Eve.

Police prosecutor Sergeant Rebecca Skivington told the court the 28-year-old's driving "put a number of people at risk" and the community would expect the matter to be dealt with firmly.

"There was lots of people around, as well as children," Sergeant Skivington said.

Court documents reveal Cutmore was more than double the legal limit when he drove a blue Toyota Landcruiser ute around the Chaffey Dam Recreation Reserve at about 8:45pm on December 31, 2023.

Officers were at the dam for an unrelated incident when they spotted an unrestrained person standing in the back of the ute tray.

Agreed police facts tendered to the court state officers saw the ute drive towards the water's edge before veering sharply towards a group of campers.

"At this time a number of young children were playing in the area where the vehicle drove," the facts state.

The ute came to a stop about five metres away from the campsite, and Cutmore ran from the car while the passenger sat down in the tray.

Officers gave chase and caught up to the 28-year-old shortly after.

Cutmore confirmed to police he was aware the passenger was unrestrained in the back of the ute, and officers spotted a number of empty and open cans inside the car.

The 28-year-old was taken to Tamworth Police Station where he returned a positive blood alcohol reading of 0.104, more than double the legal limit.

He was charged with one count of mid-range drink driving.

During sentencing, the court heard this was the first offence the 28-year-old had committed since he was released from custody for an unrelated matter in 2022.

Cutmore's Aboriginal Legal Service defence solicitor said without a licence the 28-year-old's employment would be in "jeopardy".

Sergeant Skivington submitted if Cutmore's licence is so "important" to him, "why is he driving like this?"

Magistrate Julie Soars said although the 28-year-old's driving record "isn't great" she would not impose a conviction on Cutmore, who she said had turned his life around after serving time behind bars.

Ms Soars noted Cutmore was now working and contributing to the community.

"We have so few people unfortunately who are able to turn their lives around," she told the court.

"Keep going in the right direction sir, we need you to do that to set the right example."

Cutmore must be of good behaviour for 14 months, and must not drive unless he has zero alcohol in his blood.