After a positive breath-screening test, he opted to give a blood specimen, which returned a level of 90mg.
It is equivalent to a breath-alcohol level of 450mcg, and nearly twice the legal limit.
Cadogan told the ODT that he “definitely didn’t condone” drink-driving.
After barely eating during the day, he made the mistake of thinking he would be under the limit after drinking two beers over two hours.
“It was bad judgment on my part.”
Counsel Bryony Shackell said the defendant was a solo father who had taken advantage of a “rare occasion” of a night off from caring for his young son.
His alcohol level was “relatively low” and there had been no driving fault.
He had one drink-driving conviction dating back to 2011.
Shackell asked O’Brien to substitute a driving disqualification with a stint of community work.
The defendant had recently started a business as a self-employed electrician, and had customers throughout Central Otago and the Queenstown Lakes area, Shackell said.
He had no employees or contractors to cover for him.
“Because his business is young, he needs to be available at the drop of a hat.”
He also needed to drive to run his household and support his son’s after-school and weekend activities, she said.
O’Brien said the defendant’s poor decision had been aggravated by the knowledge he was driving some distance home to Cromwell.
However, she had to weigh up the interests of public safety against the benefit to society of him continuing to work, earning income and fulfilling his responsibilities as a father.
Given the modest alcohol level and the time that had passed since his previous conviction, she agreed to substitute a disqualification with community work.
She convicted Cadogan, imposed 40 hours of community work and ordered him to pay $450 to The Right Track programme.
