A man who was drunk and speeding to get to a dinghy sailing competition has been sentenced to an eight-month home detention order.
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Gavin Terence Brooks, 58, of Newstead, pleaded guilty to a count of exceeding the speed limit, driving whilst not the holder of a driver's licence and exceeding the prescribed alcohol limit.
The court heard that Brooks had driven from Binalong Bay despite having a blood alcohol reading of at least 0.135.
Police detected Brooks driving his Volkswagon van at 125km/h in a 110km/h zone at Powranna on the Midland Highway at 8.50am on November 10 last year. His learner's licence had expired in June.
The court heard Brooks had been invited to stay with friends at Binalong Bay and had been drinking until about 1am and had left for Launceston at 7.30am.
Magistrate Ken Stanton said that it was Brooks' sixth offence under the Road Safety (Alcohol and Drugs) Act.
Brooks received a suspended jail sentence in 2006 after recording 0.134 and a suspended jail sentence in 2009 after recording a reading of 0.198.
He said the public needed to be protected from Brooks
"It was some interest in the home detention report that you expressed the view that alcohol was not a problem for you," Mr Stanton said.
"Any objective reading of the facts shows that alcohol is a problem for you and a problem for the public.
"The sooner you gain some insight the better it will be for you and the public."
Mr Stanton said that the latest offence occurred after Brooks had received three prior suspended jail sentences.
"You have been given every opportunity to avoid jail and you have not taken the opportunity," he said.
"It has been put that you contribute to the community.
"The reason you drove was to assist in some sailing event.
"That is a completely inadequate excuse, even as an explanation it is inadequate."
Mr Stanton said it was very clear that a custodial sentence of some sort was required.
"It has been submitted that another suspended sentence could be imposed but that would be a far too lenient response," he said.
But he said that imprisonment should be a last resort and a home detention order had not been available when Brooks received his last suspended sentence.
"You ought to understand that such an order is an outcome I approach with significant hesitation because in my view three prior suspended sentences suggest you should be spending time in jail now," Mr Stanton said.
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Brooks was also ordered to do 70 hours of community service and submit to a two-year community correction order.
He was also fined $300 and disqualified from driving for 30 months.
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