Man avoids prison even though drink-driving 'worst I've seen' according to judge

James Michael Linwood had driven with an excess blood alcohol limit of 350mg at Ranfurly. Photo / Duncan Brown

A Central Otago man has narrowly avoided prison for a drink-driving offence a judge said was the worst of its type he had seen.

James Michael Linwood, 25, farmer, of Wedderburn-Becks Rd, Hills Creek, drove with an excess blood alcohol limit of 350mg at Ranfurly on February 19 and crashed into a paddock.

New Zealand's blood alcohol limit is 50mg for drivers over 20.

Judge Kevin Phillips said in the Alexandra District Court today the fact Linwood was a first-time offender had helped him avoid a prison sentence. If not for that, jail would have been possible.

Judge Phillips said Linwood's blood alcohol level was the highest he had seen in all his time on the bar and as a judge.

Lindwood's counsel, Tanya Surrey also said it was the highest she had seen. But her client was remorseful, and had "just misjudged" the amount of alcohol he had consumed.

But Judge Phillips said Linwood would have been so intoxicated he would have been "totally incapacitated'', to the point where he would have been "hard-pressed to walk''.

"I don't understand how you could even get the car started.

"You were an accident waiting to happen, and it did happen.''

Linwood also faced a charge of careless use of a motor vehicle, after his car crossed the centre line and rolled several times, damaging a fence and landing in a paddock. He was trapped in the vehicle, and had to be removed by emergency services and airlifted to Dunedin Hospital.

Linwood was sentenced to 180 hours' community work, disqualified from driving for 12 months, sentenced to nine months' supervision and ordered to attend alcohol and drug assessment and all treatment as directed.