A WARRNAMBOOL man who pleaded guilty to his fifth drink-driving offence has appealed against the severity of being jailed for one month.
Stephen Bonney, 45, of Fairy Street, appeared in the Warrnambool Magistrates Court this week charged with drink-driving, unlicensed driving stating a false name and address and having an unrestrained child in his vehicle.
He was sentenced to six months in prison, with five months suspended for two years and only one month to serve immediately.
Bonny was also placed on a 16-month community corrections order to do 120 hours community work and had his driver’s licence disqualified for two years.
He appealed against the severity of the penalty to the Warrnambool County Court.
On September 3 last year Bonney had been at a football grand final drinking alcohol before he drove to his father’s Royal Hotel.
There was a girl sitting unrestrained on the centre seat of his utility.
Bonney gave his brother’s name to police and recorded an alcohol breath test of .126 at 4.37pm.
He told police he had consumed only four stubbies.
Bonney lost his driver’s licence for 18 months in 2006 and never got it back.
The court heard Bonney’s marriage broke up last year and he moved to Warrnambool after running a milkbar in Geelong for six years.
He is now worker as a bartender at Port Fairy’s Victoria Hotel and is in the process of undertaking a responsible serving of alcohol course.
Magistrate Jonathan Klestadt said Bonney had run out of chances as this was his fifth drink driving offence over many years.
“You are in your 40s and should have learned lessons through your experience. The maximum penalty is 12 months’ imprisonment,” he said.
“You do not get a fifth or sixth chance.’’