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Home / Gisborne Herald

Drove with EBA level of 1360mcg

Gisborne Herald
17 Jun, 2023 11:13 AMQuick Read

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A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

“Staggering” she could even have stood up with that much alcohol in her system before she got in the car: Judge

A woman was nearly five and a half times over the legal alcohol limit for driving when she hit a parked car on Lyell Road, catapulting her vehicle on to its side.

Seemingly unfazed by her predicament, Louise Marie Wright then tried unsuccessfully to start her vehicle up again.

When police arrived, she said she had been going to pick up some friends.

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Breath-tested, she returned a reading of 1360 micrograms — 5.44 times over the 250mcg legal alcohol limit for driving.

She was also found to have been driving while disqualified.

The diminutive 53-year-old was sentenced in Gisborne District Court last Friday for the incident on November 19 last year.

She had pleaded guilty to charges of drink-driving and disqualified driving, each third or subsequent offences, and dangerous driving.

Judge Warren Cathcart imposed a sentence of six-and-a-half months home detention.

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It was “staggering” Wright could even have stood up with that much alcohol in her system before she got in the car, the judge said. It showed the high tolerance she must have developed for alcohol.

Whether she had faced it or not, information before the court clearly showed she was an alcoholic. It was a huge concern that she kept driving, regardless. This incident demonstrated just how much of a danger Wright posed for other road users.

Wright could have been facing much more serious charges. It was only sheer luck she had not injured or killed anyone, the judge said.

Nothing less than a sentence of home detention or imprisonment was appropriate and Wright was on the cusp between the two, the judge said.

Police wanted Wright jailed and presented what the judge acknowledged was a strong case.

In written submissions police reminded the court of the need to protect the public. And, during the sentencing hearing, prosecutor Kelly Cumming emphasised previous disqualifications had not stopped Wright reoffending.

Counsel Manaaki Terekia said a sentence of supervision Wright received in 2014 and prison terms imposed in 2016 and 2018 appeared to have made no difference to whether she offended or not. She had not previously had an electronically monitored sentence, which at this time was the most appropriate option given her personal circumstances.

Wright’s partner was terminally ill, the court was told.

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Mr Terekia reminded the court that home detention was not an easy sentence. He also noted Wright was fully employed (as a food processing worker) and could continue with that work while on electronic monitoring.

Wright had recently made significant attempts at rehabilitation and this incident was a relapse, undoubtedly caused by the impact of personal issues, particularly her husband’s illness.

Judge Cathcart agreed with police the need to protect the public from Wright’s offending was high.

The aggravating features of this offence were obvious and included the high reading, which was even higher than the 1260mcg recorded on her last conviction in January, 2019.

Beyond that, she had numerous other relevant convictions dating back to 1998, including two for dangerous driving. However, the judge noted there were large gaps between those offences.

Determining the sentence, he adopted the starting point of 18 months imprisonment submitted by each counsel as appropriate for the lead, excess breath alcohol charge. There was two months uplift for the other charges.

Wright got a full 25 percent discount for her guilty pleas and another two months for overall personal circumstances, which included her caregiver role, efforts at rehabilitation, some medical conditions, and addiction issues.

Whether to convert the notional end sentence of 13 months imprisonment to home detention, was a discretionary exercise. However, the judge noted that under the Sentencing Act he could not impose a prison term if there was an alternative option that could meet all the relevant purposes and principles of the Act.

While Wright came close to being jailed, some of her personal circumstances mitigated against it ——particularly the support she provided for her husband and the five-year gap since her last offence.

However, the judge warned Wright his decision was only by a thin margin. She would undoubtedly be jailed if she reoffended.

While there were concerns about whether the sentence would sufficiently protect the public, especially given Wright’s propensity to disobey disqualifications, he was satisfied a combination of orders would ensure a measure of protection, Judge Cathcart said.

Wright was disqualified indefinitely and cannot apply to get her licence back for at least two years. She will be subject to standard and special post-detention conditions for six months.

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