An off duty police officer has caught a drink-driver in action, after witnessing a vehicle collide with another before capriciously driving off on Polkinghorne Street.
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The man behind the driver's seat of that silver Honda Accord, 25-year-old Him Patel, faced Griffith Local Court on Wednesday for mid-range drink driving, as well as not giving details for insurance.
And despite his clean driving record, came away with a community corrections order, a hefty fine, disqualification and community service.
Patel was seen by the officer on June 14, harshly accelerating and driving in reverse before colliding with a white Nissan Qashqai.
Patel did not stop his car to leave or take details for insurance.
The off-duty police officer flashed his headlights at the intersection of Gillmartin Drive and Brooks Street, and upon his approach could smell a strong odor of alcohol coming from the cabin of the car.
After a brief conversation, the off-duty officer called the police station, and Patel became argumentative.
When police came, they noticed a his 14-year-old nephew in the front passengers seat with him.
Despite admitting to having had a single Budweiser stubby, a breath analysis back at the station returned a mid-range reading of 0.136 grams of alcohol.
Magistrate Joy Bolous said that while there was no doubt in her mind of his need for a driver's license, she said that argument comes before her all the time.
"The erratic driving, the collision with another car... and with a 14-year-old child in the car as well. But had it not been for the off-duty police officer, someone could have been injured or, dare I say it, dead."
Evidence tended to the court included a statement allegedly from a police station in India detailing Patel's clean traffic history.
"In my opinion this is just a piece of paper with a stamp, and I put no weight on it," she said.
What she did put weight on was his character references, his clean traffic history in the two years living in Australia, and the completion of the Traffic Offender's Program.
She noted his claim that due to embarrassment to his family, of coming before court, and the dangers his actions caused stating he would "never offend again".
He was convicted and fined $1400, copped a six month disqualification with the minimum interlock period, as well as a community corrections order combined with 80 hours of community service.
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