Michael William Donnelly, 41, was sentenced in Milton Local Court on Thursday, March 16. 

He was placed on a two year good behaviour bond, ordered to partake in 120 hours community service and have an alcohol interlock installed in his car. 

Donnelly told the court he had previously completed the Serious Traffic Offenders Program (STOP) but had received ‘mixed information’ and said on the evening he was charged he was put in a position where he had ‘no choice’ but to drive. 

Magistrate Gabriel Fleming didn’t accept Donnelly’s explanation. 

“You always have a choice and I’m really struggling to think why you’re not going to jail today,” she said. 

“If I had a dollar from everyone who says ‘I thought I’d be ok’ I’d be very rich. I don’t care and the people you endanger on the roads don’t care either.” 

Magistrate Fleming told the court Donnelly’s prior offences didn’t help his case. 

“This is the fourth drink drive on your record,” she said. 

“You say you don’t have an alcohol problem but you need to have a good, hard look here.” 

Court papers state at 11:44pm on January 27 Donnelly was stopped for a random breath test on the Prince Highway, Milton. He returned a positive blood alcohol reading of 0.086. 

Donnelly told police he’d been drinking at a local hotel and had consumed three 375ml of beer and mixed spirits, the first at 9am and the last at 11.35pm. 

Police observed Donnelly to smell of alcohol and had glazed eyes.