There is really only one thing left. That day has come. Judge Chris McGuireA 70-year-old repeat drink driver, who gave police the "one finger salute" when they tried to stop him for speeding, has been given a short prison sentence.
Judge Chris McGuire denied a request from lawyer Peter Birks for home detention for six-time drink driver Brian Ambrose and sent him to jail for three months when he appeared in the Rotorua District Court yesterday.
Ambrose previously pleaded guilty to charges of driving while disqualified, drink driving and failing to stop for police.
The court heard Ambrose was seen by police speeding at 65km/h on Clayton Rd, which has a speed limit of 50km/h, about 5pm on October 10. He continued driving home as they tried to stop him.
At one stage as a police office got beside Ambrose's car on Gem St, signalling for him to stop, Ambrose lifted the middle finger on his right hand giving the officer the "one finger salute", the court heard.
Parking in his own Emerald Cres driveway, Ambrose struggled with police, trying to get away from them and threatening to hit the arresting officer. Ambrose then blew an alcohol reading of 480mcg of alcohol per litre of breath.
Mr Birks said the reading was "not a particularly high reading", less than 100mcg higher than the legal limit of 400mcg for an adult driver.
The court heard Ambrose was a pensioner who supplemented his income working as a night-time courier driver and had referred himself for alcohol counselling, already taking in six sessions.
"He is at a low risk of re-offending," Mr Birks said.
Judge McGuire said the probation report writer indicated Ambrose had adopted a culture of drink driving and had given himself permission to do so.
Ambrose has previous convictions for drink driving in 1973, 1986, 1991, 1993 and in July 2009, when he was disqualified from driving for two years.
"What is it going to take you at age 70 to stop you drink driving? Fining you has not stopped you, PD hasn't stopped you. There is really only one thing left. That day has come," he said.
Ambrose was sentenced to three months' jail and disqualified from driving for 13 months from the expiry date of his current disqualification period, which is July next year.
"Hopefully during this time you will look at yourself and stop drink driving," Judge McGuire told Ambrose.
70-year-old drink driver sent to jail
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