A Dubbo car dealer caught driving while four times the legal limit has narrowly escaped time behind bars.
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Lawrence William Rockell was celebrating his 60th birthday when he left the Western Star Hotel shortly after 2am on August 6 this year.
He was behind the wheel of a red Kia, when he was stopped by police on Macleay Street.
Following a positive roadside breath test he was taken to Dubbo police station, where he returned a reading of 0.213 - four times the legal limit.
Rockell told officers he had been drinking since 7pm, with his last drink at 2am. He said he had four schooners of Carlton Dry beer, and two unknown mixed spirits.
Appearing in Dubbo Local Court on Wednesday Rockell pleaded guilty to high-range drink driving.
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Defence lawyer Timothy Cullenward said it was inevitable his client was facing a custodial sentence, given the court heard it was his third drink driving offence in 25 years.
Mr Cullenward spoke of the "irony" of the offence and Rockwell's employment, which he revealed his client was about to be promoted to principal dealer of a local car dealership.
However while conceding there was no regard for public safety, Mr Cullenward argued there were no victims, and it was a short trip. He also noted his client had never spent time in custody, had a significant gap in his offending and as supported by character references played an active role in the community.
He also told the court Rockell had lost his only sibling in a motor vehicle crash in the last fortnight, noting he faced "extra-curial punishment" as a result.
However Magistrate Roger Prowse said Rockell had a "gutful" of alcohol and was "lying" when he told police how many drinks he had consumed.
"You don't seem to learn, can't regulate your behaviour and pose a danger to community," Mr Prowse said.
Mr Prowse rejected Mr Cullenward's submissions noting Rockell drove to the hotel, which indicated he fully intended to drive home that night.
"Here you were apparently excited about this change of age, and you deliberately went out and started pouring down alcohol with both hands," he said.
"What you didn't do though was make arrangements to get home or stay there, or indeed anything else other than the idiotic decision to drive the vehicle that you drove to the place you were going to be on the turps.
"This is what happens when people are treated generously in the past."
Rockell was convicted and sentenced to a 12-month intensive corrections order - a jail term served in the community. He was also fined $2100, disqualified for nine months and ordered to install an interlock device for 24 months.
As part of the condition, Mr Prowse ordered Rockell abstain from alcohol for 12 months.
"The only thing that will keep you out of jail is giving up alcohol all together and allow your blood to go through for a change of scenery," Mr Prowse said.
"What you're going to do is tip your drinks down the sink, [you need to] remove the temptation."