No jail for 10th drink-driving offence
MAGISTRATE Damien Dwyer has blasted Mackay police because they failed to file the correct paperwork in respect to a repeat drink-driver.
This is Steven John Woods' 10th time before the court for drink-driving
"If the Crown had done their job, he'd be going to jail today," Mr Dwyer said.
"This is his 10th time and he's going to get off."
Mr Dwyer said it was "ridiculous".
Woods was pulled over by the Mackay Tactical Crime Squad on Goldsmith St, about 6.20pm on May 10, the Mackay Magistrates Court heard.
He told officers he was heading to the shops to buy his partner some cigarettes and admitted he'd been drinking.
Woods' blood alcohol reading was 0.130%, the court heard.
He was also driving a vehicle that wasn't fitted with an interlock device, which he previously had been ordered to do.
Mr Dwyer said Woods recently also had completed probation for another drink-driving charge.
Prosecutor Errica Fforde submitted a term of imprisonment would be an appropriate penalty.
However, this was quickly quashed by defence solicitor Leisa Barnes, of Legal Aid Queensland.
Ms Barnes said Woods had been charged under a particular section and, as such, the penalty couldn't be raised.
"He's had a very lucky break," Mr Dwyer said.
Woods pleaded guilty to mid-range drink-driving and driving a vehicle without an interlock device.
Mr Dwyer said Woods was an "absolute disgrace".
He said that if he had the ability he would disqualify him from driving for a long time.
"You are one very lucky man," Mr Dwyer said.
"Looking at your history, we'll see you back here and I'm sure (the police) won't make the same mistake twice."
Woods was fined a total of $2260 and disqualified from driving for 15 months.