A MAN caught driving more than five times over the legal blood alcohol limit had previously committed three drink-driving offences on the same day.
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Dubbo Local Court heard when Graeme Neville Towney offended in 2007 he was placed on a bond and suspended jail sentence and ordered to perform community service.
The 62-year-old knew he was facing the possibility of going to jail when he offended again on October 23 last year.
Towney was found to have a blood alcohol reading of 0.267 when police stopped him for driving without headlights.
"You were very intoxicated," Magistrate Andrew Eckhold said.
"At that level you were almost guaranteed to have an accident."
A Legal Aid solicitor told the court Towney had a tragic history.
"Less than a month prior to the offence he had lost his brother while he was trying to resuscitate him," the solicitor said.
"On the day of the offence he was going to check on his brother's children to see if they had enough food.
"He went to a favourite childhood fishing spot and started drinking, overcome with grief.
"He sadly lost another brother a month ago and has his own health problems."
The solicitor said Towney had completed a drug and alcohol intervention program and a traffic offender education course.
"His alcohol consumption has been reduced," the solicitor said.
"He has good prospects of rehabilitation and is unlikely to re-offend.
"He does not have an extensive criminal history.
"Given his age and health, full-time jail would be onerous."
Magistrate Eckhold said Towney had been involved in a really serious example of high-range drink-driving.
"The reading of 0.267 is an indication of how substantial your alcohol problem is," the magistrate said.
"You have pleaded guilty, engaged in significant rehabilitation and are heavily involved in treatment.
"You will have a suspended jail sentence hanging over your head for the next 12 months."
Towney was disqualified from driving for three months, fined $200 and ordered to accept supervision from Community Corrections.