Drunken crash after a ‘tip of whisky’

was Mark Regan. He was required to undergo a breath test and did so. As a result of the breath test, LSC Volf formed the opinion there was alcohol in the accused’s breath and required him to accompany him to the Bacchus Marsh Police Station.”

After another breath test at the station, Mr Regan blew 0.223 – almost four and a half times the legal BAC limit.

Mr Regan’s lawyer, Scott Belcher, conceded that his client’s BAC reading was “extremely high” and he’d clearly had “more than just a tip of whisky”.

“In terms of the damage to his car, he’s already out of pocket $5,000 or more. In terms of support documents, we have a letter from a GP, we also have a statutory declaration from the boss of Alcoholics Anonymous in Bacchus Marsh. Since the time of the offence he’s 100% dry in his words. It is a significantly high reading as Your Honour points out, it’s four times the legal limit. He’s led a hard life for a 56-year-old man,” Mr Belcher said.

A driver has had his licence suspended for almost two years, and been handed a fourfigure fine, after crashing his car whilst four times over the legal limit of .05.

Mark Regan appeared at the Bacchus Marsh Magistrates Court on Friday 17 February, entering a guilty plea to drink driving.

Police Prosecutor Senior Constable Jack Fletcher said police immediately knew Mr Regan had been drinking after attending the scene of the crash.

“At about 5.15 pm on Wednesday 19 October last year, the accused was driving a white Ford sedan on the Western Freeway near Pentland Hills. It’s a 110 km/h zone. He was observed by witnesses to be swerving from the right to the left lane, then out of control, ultimately colliding with the Armco barrier running alongside the left-hand running lane. The collision has caused major damage to his vehicle and moderate damage to the Armco barrier. He wasn’t injured as a result of the collision,” Senior Constable Fletcher said. “Police attended and immediately smelt alcohol on the accused’s breath. He stated to Leading Senior Constable Volf that he had ‘messed up big time’, and had had a tip of whisky prior to driving. The accused had left his wallet in his damaged vehicle but said his name

“He’ll be significantly disadvantaged in terms of employment prospects as a driver for 34 years…I’d be asking you to consider a financial penalty and the minimum statutory interference.”

Magistrate Hugh Radford said Mr Regan was lucky to be alive.

“But more importantly, the incident involved you running off the road at more than four times the legal limit. You’re lucky you didn’t take someone else out, if you had’ve done, you’d be not before me in this court, you’d be before a County Court judge and jury facing something like seven to ten years in jail,” he said.

“Leaving aside the guilt you’d suffer for the rest of your life having killed someone’s lover, father, mother, child, et cetera. That is a heavy burden. However, I’ve taken into account what Mr Belcher said on your behalf. Twenty-two months is a long time in anyone’s language, it’s going to have a profound effect upon you in terms of your employment.”

Magistrate Radford handed Mr Regan a $2,500 fine without conviction, a licence suspension for 22 months, and said he’d require an interlock condition when he does get his licence back.