A 71-year-old man caught driving with more than twice the legal breath alcohol limit blamed two glasses of whisky he took to numb the pain of having teeth extracted.
The explanation did not wash with Judge Phillip Cooper when sentencing self-employed Turangi man David Shakespeare Ashley in the Rotorua District Court yesterday.
Ashley pleaded guilty to driving on State Highway 38 near Rainbow Mountain on February 19 with a breath alcohol level of 888mcg of alcohol per litre of breath. The legal limit is 400mcg of alcohol per litre of breath for drivers aged 20 and over.
The court was told Mr Ashley was stopped by another driver about 8pm after he was seen driving erratically on his way to Rerewhakaaitu where he lived in a motor home.
He was not breath tested until 9.20pm and told police he didn't think there was anything wrong with his driving.
His lawyer, Andy Schulze, said his client had been to the dentist about 5pm to have some teeth pulled. He then had two glasses of whisky to numb the pain.
Mr Ashley claimed he didn't swallow the alcohol.
Mr Schulze said Mr Ashley had been a driver for 55 years without blemish and asked the court to be lenient.
Judge Cooper said he would find it difficult to accept Mr Ashley's excuse without further evidence, particularly from expert witnesses.
He would normally impose a fine of $750 but because of Mr Ashley's previous good driving record the fine would be $500. Mr Ashley was also disqualified from driving for six months.
- DAILY POST (ROTORUA)
Whisky to dull tooth pain, driver tells judge
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