A Cowra man who was caught drink driving has told the court he preferred a conviction to a bond due to his religious beliefs.
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As a result he will spend the next three months without a driver’s licence.
Lorin Mark Wallace, 30, could have walked away from Cowra Local Court on Wednesday, March 8 without a recorded conviction, and his driver’s licence intact, however due to religious beliefs he requested that the matter be dealt by way of conviction.
Police facts tendered at court reveal that Wallace was stopped on Kite Street about 8.40pm on January 31.
He failed the breath test and was taken to Cowra Police Station where he returned a reading of .063.
Wallace said he consumed two self-mixed bourbon and cokes between 5.30pm and 6.30pm.
At court, solicitor Ms Davidson asked for the matter to be dismissed without her client having to enter a good behaviour bond, but Magistrate Michael O’Brien said “conditional discharge without conviction is normally on the basis of entering a bond”.
“I normally am prepared to deal with these matters without recording a conviction,” Magistrate Michael O’Brien said.
“I understand and accept why the submission is made. But conditional discharge without conviction is normally on the basis of entering a bond under section 10.1.B.
“I’m satisfied those elements are available for that to happen.”
Solicitor Ms Davidson consulted her client briefly before confirming her initial instructions.
“Your Honor.….if you’re not inclined to deal with it under section 10.1.A than I’m instructed that the matter be dealt with by way of conviction and the minimum disqualification period,” she said.
Wallace was also fined $200.
“I am not inclined to deal with the matter without the requirement of a promise to the court not to reoffend for a period of time,” Mr O’Brien said.
