Photo gallery of the man on the forecourtKEY POINTS:
A man who fell asleep while filling his car at a service station has been sentenced to 18 months in jail for his 16th drunk driving or driving while disqualified charge.
His two-year-old daughter had to be rescued from the car after Shannon Perenara, 30, of Auckland, passed
out at the Rotorua station last month.
He was breath-tested after he woke up after about 40 minutes.
He was charged with drink-driving with an alcohol reading of 1729mcg per litre of breath and pleaded guilty. The limit for drivers aged 20 and over is 400mcg.
At Waitakere District Court today, Judge Barry Morris said he had no choice but to sentence Perenara to prison.
Judge Morris said Perenara had 23 prior convictions over nine years for offences including traffic, drugs and assault.
Included in this were six convictions involving drink driving, the first being 10 years ago, and four for driving while disqualified.
Judge Morris said Perenara had drunk four 40 ounce bottles of whiskey, with family and friends that night.
In his 20 years on the bench, Judge Morris said Perenara's blood alcohol reading was one of the highest he had seen.
"You have chosen to continue a pattern of drinking and driving despite programmes."
Leave to appeal for home detention was denied
Mr Morris said that if Perenara was "stupid and irresponsible enough to endanger his own daughter then what concern does he have for us?"
Perenara showed no emotion while being sentenced but family members including his mother and his partner cried.
As he was being led from the dock his two-year-old daughter called out "Bye Dad".
Perenara mouthed "I love you" to family members as he left the courtroom.
The defence
Perenara's lawyer Alexis Hart had earlier told the court her client had been at a family gathering in Rotorua, for the unveiling of his mother-in-law's gravestone.
Among the alcohol Perenara consumed on the Saturday was a homebrew made up of vodka and whiskey, she said.
Perenara had about an hour's sleep before waking on Sunday morning and deciding to get some cigarettes.
His partner had already left to buy groceries and his daughter was already in the car playing in it, she said.
"He didn't choose to have her stay behind."
No-one in the family stepped in to stop him but Perenara believed he was fine to drive, she said.
Perenara was genuinely regretful about the incident and was "haunted" by putting his daughter and members of the community at risk, Ms Hart said.
Perenara had completed programmes in the past to try to deal with his drinking and before this had not had a conviction for four and a half years, she said.
"It was unfortunate and irresponsible but a rarity."
Perenara had "turned his life around", she said.
Ms Hart asked that Perenara not be sent to prison as his family depended on him but said if a custodial sentence was imposed, that he be able to apply for home detention.
Perenara's partner was one of three people who spoke in defence of his character.
The woman told the court her family needed Perenara and they did not want him to go to jail.
"My girls need him."
The woman told the court it had been a stressful and hard time on the family.
"I know he regrets what he has done."
Outside the court family members refused to comment, with Perenara's partner saying she was too upset to talk.
Perenara's mother said she was surprised and upset about the sentence.
Ms Hart told media outside the court she was disappointed about the outcome for the family.
Perenara had "genuine remorse" about the incident, she said.
"He has turned his life around, it's unfortunate the public may not know about that."
Police said at the time that they were unsure how far Perenara had travelled but were grateful service station staff rescued the girl after the man passed out on the gas station's forecourt on the corner of Old Taupo Road and Sunset Road.
Senior Sergeant Ed Van Den Broek said the 30-year-old man had paid for his gas with his eftpos card - taking several attempts to get it right - and went back outside.
"As he was pumping the petrol he slumped over the boot and to the ground where he fell asleep," Mr Van Den Broek said.
Service station staff, who had already called police, took the little girl out of the car.
- NZHERALD STAFF, NZPA
