Turning point for Marlborough grandfather thrown from vehicle in drunken crash

Lyall Foster was found in his crashed car after failing to navigate a moderate bend on Queen Charlotte Drive, near Picton. Photo / 123RF

A man with a history of drink-driving ended up in hospital with a head injury after being thrown from his car when he crashed over a bank in the Marlborough Sounds.

When police arrived, they found cans of beer in Lyall Foster’s car.

The crash has now come as a wake-up call for the grandfather, who has taken steps to change his lifestyle and stay away from alcohol, Nelson District Court has been told.

Foster was thrown from his vehicle after he failed to negotiate a moderate left-hand bend on the winding Queen Charlotte Drive, near Picton, about 11.30am on May 18 last year. He crashed over a bank and through the bush.

He was flown by rescue helicopter to Wairau Hospital in Blenheim and treated for moderate injuries, including a head wound.

A police summary of facts said cans of beer, both empty and full, were found in the vehicle.

Analysis showed Foster had a blood-alcohol reading of 186 micrograms per 100 millilitres of blood. The legal limit is 50mcg.

It led to another charge of driving with excess blood alcohol on a third or subsequent time, for which he was sentenced on Thursday.

Foster, who appeared stooped and fragile, said through his lawyer, Ian Miller, that he had taken considerable steps to change his behaviour since the crash.

He had increased his focus on his lifestyle property to try to keep away from drinking, Miller said.

He had also completed an Alcohol Impairment Education Programme, which Judge Jo Rielly said was notable because it was done before sentencing.

Foster worked long hours and was often on call in a role that meant he was often on the road.

On the day of the crash, he told police the vehicle was new and that he had been drinking the night before.

Judge Rielly said that was difficult to reconcile because alcohol had been found near him when he was rescued.

“At the time, you were significantly over the limit,” she said.

Foster, who was almost 60, worked hard and had the support of a close family, she noted. He had also taken protective measures to help reduce his drinking.

“Drinking isn’t a crime but, for someone like you, who has a pastime that means you need to be driving significant distances, drinking before driving is clearly a risk factor,” Judge Rielly said.

She said it was also risky for him to drink and then be on call.

In sentencing Foster to 100 hours of community work and nine months of supervision, the judge noted his early guilty plea and the efforts he had made in rehabilitation.

Foster was allowed to apply for an alcohol interlock licence, which carried a mandatory 28-day disqualification from driving while that application was carried out.

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.