A man busted with a beer in his lap when stopped by police on Wagga Gold Cup day has been jailed for drink-driving twice in the space of just a few hours.
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Henry Suki, from Mount Austin, was sentenced in Wagga Local Court on Tuesday after he was nabbed driving with a blood alcohol reading more than three times the legal limit on two occasions last month.
The 39-year-old was caught during the early hours of May 5 and was busted again just 14 hours later.
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Last month, Suki pleaded guilty to two counts of driving with a high-range prescribed concentration of alcohol (PCA) and one of driving while suspended.
Suki was caught the first time about 1am on May 5 after police stopped him for a random breath test as he drove a Holden Astra sedan down Victoria Street, Mount Austin.
Due to a language barrier, police used Google Translate to help communicate with Suki.
When questioned, he told police he had consumed six bottles of Carlton Dry beer at home between 9pm and 1am.
Suki returned a reading of 0.167. Police charged him with one count of high-range PCA and suspended his Samoan licence. He was then released on bail.
About 2.55pm on the same day, police stopped Suki for another random breath test on Heath Street in Mount Austin and found he had an open beer bottle in his lap.
A subsequent test returned a positive result and he admitted to consuming about 10 full strength beers during the day.
Suki was taken back to Wagga police station, where a further test revealed he had returned a high-range reading of 0.153.
In court on Tuesday, Suki's lawyer argued for leniency saying his client had no prior record.
The court heard he was a Samoan national who has been in Australia for about 11 months and was working in the abattoirs to support his young family. However, he has been able to send money to them since entering custody.
"He is from another country and there is an element of naivete as he didn't understand how serious drink-driving was treated in Australia," the lawyer said.
"He's had six weeks now in custody to understand that."
The lawyer asked Magistrate Rebecca Hosking to consider a fine and community service.
Magistrate Hosking noted the hardships experienced by Suki, but concluded nothing other than a prison term was appropriate.
"We all know that ignorance of the law is no excuse," she said.
Suki was sentenced to four months' imprisonment and a six-month disqualification from driving, which will be followed by a 24-month mandatory interlock order.
He is set to be released on September 6.
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Andrew Mangelsdorf
Originally from South Australia, Andrew Mangelsdorf grew up in Victoria before launching his career in Temora, NSW. He also served as a journalist at Lake Cargelligo before making the move to The Daily Advertiser in 2022. Always on the lookout for story ideas, so if you've got one, let me know: andrew.mangelsdorf@austcommunitymedia.com.au
Originally from South Australia, Andrew Mangelsdorf grew up in Victoria before launching his career in Temora, NSW. He also served as a journalist at Lake Cargelligo before making the move to The Daily Advertiser in 2022. Always on the lookout for story ideas, so if you've got one, let me know: andrew.mangelsdorf@austcommunitymedia.com.au
