A MAGISTRATE is stunned that a 25-year-old drink driver badly injured in a crash was involved in a second accident about four times the alcohol limit.
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Tyler McColl, 25, pleaded guilty in the Warrnambool Magistrates Court to speeding and two counts of drink driving. He was fined $1500 and banned from driving for 20 months.
Magistrate Cynthia Toose told McColl his drink driving could very easily have ended tragically for himself or anyone else on the roads.
She said she was astounded he had drunk drove a second time.
The magistrate said the defendant had sought professional assistance to address his issues.
It was fortunate that both drink driving charges were heard at the same time or McColl would have faced a mandatory 40 months off the road.
Police said that on August 26 last year McColl had gone to the Derrinallum Hotel and consumed beer and Wild Turkey bourbon.
About 10pm he got into his Mazda ute and was heading west along the Darlington-Terang Road when he drifted off the road and into a bluestone driveway entrance structure.
McColl was trapped in the cabin of the ute and when extricated was flown to the Royal Melbourne Hospital.
A blood sample taken at the hospital returned a reading of .165 and a count back revealed an alcohol reading of between .208 and .202 at the time of the accident.
McColl suffered leg and internal injuries which required surgery to his spleen and pancreas and an extended stay in hospital.
He told police that he was thought he was right to drive although he had taken medication for a cold and fell asleep.
A second drink driving accident happened on February 10 after McColl had been drinking at Mortlake's Macs Hotel.
He and his girlfriend argued, she left and drove to Warrnambool.
McColl walked to his parents' home where he got a car and drove south on the Hopkins Highway towards Warrnambool.
At 11.50pm he was near Ellerslie when he lost control on a bend, hit dirt on the side of the road and then a guard rail protecting a cattle underpass.
The Toyota sedan he was driving overturned and came to rest on its roof.
McColl was highly emotional and taken to hospital where a blood test revealed a reading of .202.
Police claimed that McColl was driving at 122km/h, the bend had an 80km/h advisory sign.
Defence counsel Alex McCullagh said his client had no prior court appearances and references indicated he was a good worker and member of the Mortlake community with involvement in the Country Fire Authority and the Mortlake Cricket Club.
He said that at the time McColl was spending $300 a week binge drinking but since the second accident he had not consumed alcohol.
The solicitor said that due to the steps taken by McColl, including counselling and attending the Western Regional Alcohol and Drug Centre, any risk his client posed to the community was greatly reduced.
MCColl's $26,500 ute was also a write-off and not covered by insurance.