A p-plater busted mid-range drink-driving with a car load of people has been warned by a magistrate that his actions, mixing alcohol and driving, are 'plain stupidity'.
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Police were travelling behind Jack Luca Smith, 18, in his silver Mazda about 8.50am on January 23 when they spotted five passengers and one with their arm hanging out the window holding their mobile phone.
Smith was pulled over by police and provided his provisional licence, before returning a positive roadside breath test.
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He was taken to Dubbo Police station where a breath analysis returned a reading of 0.114.
Smith told police he had 12 cans of Toohey's full strength beer between midday and 7.30pm at his home, and hadn't eaten during this time.
Smith was supported in court by his father on Wednesday, when he pleaded guilty to to mid-range drink-driving and not displaying P-plates in Dubbo Local Court.
Defence lawyer Brendon Dunstan told the court Smith had been having an Australia Day weekend barbecue, drinking beers with friends the day before when one of his friends needed to go home.
Mr Dunstan said Smith's car was the only vehicle there and he ended up making the "very poor decision" to drive the group.
The court heard Smith was a "gifted footballer" and had just returned to Dubbo after from completing Year 11 and 12 on a rugby scholarship with the Gold Coast Titans.
Mr Dunstan said he had returned home and was offered a job with MAAS construction and contracted to play with CYMS football club.
After completing the Traffic Offenders program, Mr Dunstan said Smith now realised it was a "very bad idea, with very serious consequences".
"He also feels he's set a bad example for other younger footballers and he's also got a seven-year-old brother, and set a bad example for him," Mr Dunstan said.
"He's here to take his punishment, that's his words to me. He's making no excuses it was a very poor decision to drive on the night."
Magistrate Gary Wilson said it was there was zero tolerance for a p-plater to be behind the wheel with alcohol in his system, especially with four other passengers, which he said was "stupidity in itself".
He also highlighted an incident where seven people were in a car when the intoxicated driver crashed and killed four people.
"It's not rocket science for a p-plater. It's zero tolerance," he said.
"That's the sort of stuff that happens. It's just alcohol, stupidity and p-platers being dumb."
Magistrate Wilson disqualified Smith from driving for three months, and ordered him to install an interlock device for 12-months. He was also fined $500.
"I can hope that this has been a very good lesson. The only scar is you don't have you're licence and are on an interlock, there's no further accident," he said.