A Cobar bank manager has escaped a conviction after he was caught driving home after having too many drinks at dinner.
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Jake Tamati Tumai-Lynch from Wellington was driving a black Mazda CX-5 when he was stopped by police for a random breath test on Percy Street at 1.40am on July 10 this year.
After a positive roadside test the 27-year-old was arrested and taken to Wellington police station where he returned a reading of 0.085.
Lynch told police he had four vodka and soda's between 8pm and 11pm the night before.
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Appearing in Wellington Local Court on Tuesday Lynch pleaded guilty to mid-range drink driving.
Defence lawyer Thomas Payne said his client came before the court with no prior criminal history and as supported by character references tendered in court, regarded a person of good character.
Mr Payne said his client had been having dinner with a friend when he made an "error of judgement" and decided to drive a short distance home.
He said Lynch had a strong need for a licence as he was employed as the Commonwealth Bank manager at Cobar, and had already spent some time off the road which had proved difficult, relying heavily on family for transport.
However demonstrated through his early plea and enrolment in the traffic offenders program, Mr Payne said the court could be confident in Lynch's remorse and prospects of rehabilitation.
He asked the court to consider offering leniency, and rather than impose a conviction issue a lengthy good behaviour bond.
"The reading was just into the mid-range ... obviously you can see it's an error of judgement and it's affected him already," Mr Payne told the court.
Magistrate Stephen Olischlager accepted it was at the lower end for this type of offence, that there was no one else in the vehicle and it was late at night, however he highlighted mid-range drink driving was the second most common offence that comes before a NSW local court each year.
"Quite often the court sees people come before the court for the first time with good character," he said.
"If you decide to drink and drive you must realise you're putting your licence in jeopardy, which you've seen."
Mr Olischlager said while it was a "rarer course" than many to consider a non-conviction for this offence, he accepted his "responsible" character, limited traffic record and the fact he had initiated undertaking the traffic offenders program.
Lynch was handed a conditional release order - good behaviour bond without conviction, and ordered to complete the traffic offenders program and provide a copy of completion to the court registry.