A Dubbo p-plater who couldn't keep his head still when speaking to police said he made a 'split second' decision to drive drunk.
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Police were patrolling Fitzroy Street about 2am on April 8 when they saw Kyle James Weir's black Holden ute acting in a suspicious manner.
After the 21-year-old stopped for a second time, police made several u-turns to place themselves behind the ute before pulling Weir over for a breath test.
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After a positive roadside test, Weir was arrested and taken to Dubbo police station where he returned a reading 0.087.
Police said Weir was slurring his speech, could not hold his head still, and continued opening and closing his eyes when he told officers had consumed eight Jack Daniels between 6pm and 12pm.
Weir pleaded guilty to mid-range drink driving in Dubbo Local Court.
Defence lawyer Rachel Waugh said her client, who was previously self-represented, was supported in court on Wednesday by his aunt.
She said on the night of the offence, Weir was having dinner and drinks with friends, and had planned on taking a taxi home or calling family, before he made the "split second decision" to drive.
The court heard Weir had previously been charged with driving with an illicit drug present in his blood which had occurred in the last five years. However he received no conviction.
Ms Waugh said her client had completed the traffic offenders program, and there was nothing in court documents to suggest Weir was driving dangerously, which was accepted by Magistrate Theresa Hamilton.
Since the offence, Ms Waugh explained due to the suspension of his licence, Weir had since lost his employment within the concreting industry. She appealed to the court for a sentence without fine due to her client's limited income.
However Magistrate Hamilton said there was no reason for Weir to believe he was right to drive, after admitting to consuming eight whiskey's throughout the night.
"He certainly shouldn't have been driving," she said.
Due to his early plea, young age, completion of the traffic offenders program and reading just into the mid-range, Weir was convicted and fined $400.
He was also disqualified from driving for three months and ordered to install an interlock for 12 months.