A West Australian man living at Dubbo who was more than five- times the legal alcohol limit when he drove an unregistered car with an expired licence has been ordered to serve a bond and pay fines.
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Declan McQuillan, 51, was "extremely unsteady" on his feet when seen by police and then lead them on short foot pursuit before eventually registering a reading of 0.26.
He pleaded guilty at the first opportunity to high-range drink-driving, using an unregistered vehicle, resisting an officer and having a licence expired less than two years earlier.
First high-range prescribed content of alcohol offences carry a maximum penalty of 18 months in jail or $3300 in fines and an automatic disqualification period of three years.
On Wednesday in Dubbo Local Court magistrate Jacqueline Trad convicted McQuillan of all four charges and imposed a two-year good behaviour bond for the drink-driving offence, as well as penalties for the other three offences.
She had been told by the defence solicitor that McQuillan was "extremely remorseful".
He was a "quiet and gentle person" and had ridden a bicycle since he was charged, the solicitor said.
McQuillan had been travelling around Australia, which was why he was in Dubbo, the court heard.
He had bought in his words an "old bomb" and had been working on it on the day of the offences, pushing it down to the petrol station on the corner of Whylandra and Victoria streets, the defence submitted.
He had been using alcohol to "drown his sorrows" - his wallet had been stolen and with it, the $2000 that was his entire savings, the court heard.
McQuillan was noticed by police as "extremely unsteady" on his feet when he was putting fuel in the Mitsubishi Triton ute about 1am on November 9, court documents show.
When police spoke to him he smelt strongly of alcohol and his eyes were bloodshot.
McQuillan returned a positive reading and was placed under arrest but then became aggressive towards police and ran off.
He was tackled to the ground but continued to wrestle with police, ignoring their instructions but eventually they were able to handcuff him.
Ms Trad said the high reading was of concern to her.
She said there was an automatic period of disqualification and the reading was too significant to depart from it.
She noted McQuillan had completed a traffic offenders program.
As well as the two-year bond for drink-driving, he was placed on a 12-month good behaviour bond for resisting police.
He was fined $300 each for the unregistered vehicle and licence offences.
McQuillan said thank you to the magistrate and left the courtroom after collecting his bike helmet.
