Nelson man drives 200m to liquor store for cigarettes; gets 7th drink-drive conviction

Staff at the liquor store where Marcus Phillips went to buy cigarettes refused to serve him because of how intoxicated he was. Photo / 123RF

A man’s 200-metre drive to a liquor store for cigarettes ended in his seventh conviction for drink driving.

Staff at a Liquorland store took the keys from Marcus Phillips when he walked in the door of the Richmond store on an afternoon last December, such was their concern at his state.

He was also denied service because of his obvious level of intoxication, and staff called the police.

Phillips, who has previously spent time in prison for drink driving in circumstances where a person was injured in a crash, blew a breath alcohol reading of 1296 micrograms per litre of breath, which was just over five times the limit.

He later pleaded guilty to a charge of driving with excess breath alcohol on a third or subsequent time.

“You were placing every member of the community near you at risk on the day you drove,” Judge Jo Rielly said in sentencing Phillips in the Nelson District Court this week.

Phillips told the police he’d had beer, vodka and cider before driving to Liquorland to “get cigarettes”.

Judge Rielly said his decision to drive only 200m that day was “extremely concerning”.

“I don’t know how you could have ever thought it would be okay to drive, when people at the liquor store had been so concerned about your level of intoxication that not only did they report it to police but also take your keys.”

She acknowledged his early guilty plea and the steps taken to “immediately get rid of his car” and take up biking as a means of transport.

Defence lawyer Rob Ord said Phillips was “very apologetic”.

“He has a desire to have nothing to do with cars.”

Judge Rielly said it seemed Phillips did not trust himself not to drive, in circumstances where a vehicle was available.

She also noted the “significant” head injury he had received 20 years ago after he was seriously assaulted.

“I wonder if any drink is too much. You have a long-standing addiction to alcohol and deep down, you know that,” Judge Rielly said.

“Alcohol is not for everyone, and perhaps it’s not for you.”

From a starting point of one year in prison, reduced to eight months with credits including his early guilty plea, the sentence was converted to four months of home detention.

Phillips was disqualified from holding a licence for 18 months and was encouraged to apply for residential treatment for alcohol addiction.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government, for the Nelson Mail.