"You won the lottery", court tells driver

A 25-year-old Bathurst man has been fined $500, disqualified from driving for six months and given an interlock period of 12-months at Cowra Local Court.

Baden James Formosa of Lewins Street, Bathurst, was before the court charged with driving with a mid range PCA.

According to police facts around 9.30pm on August 3, 2019, Formosa was travelling on Reg Hailstone Way when he failed to negotiate a right hand bend.

The vehicle left the road and impacted with a large tree, causing extensive damage to the front of the vehicle and knocking Formosa unconscious.

A local resident heard the incident and pulled Formosa from the vehicle and took him to their house while assistance arrived.

Formosa initially denied being involved in the incident but later confirmed his involvement to police and complained of a pain in his jaw.

He was taken to Cowra hospital for treatment and observation. A blood analysis returned a blood alcohol level of 0.136.

Formosa's solicitor, Clive Hill, told the court his client hadn't intended on driving when the incident occurred.

"He was out at Wyangala and had intended to camp overnight, at some point he lost his better judgement and decided not to camp but to get behind the wheel and drive home," he said.

"He didn't get far before he lost control of his vehicle and collided with the tree. The consequences could have been oh so much worse.

"He could of hurt somebody else, he could of hurt himself and thanks to the traffic offenders program, he has a better appreciation of those things now," he said.

In sentencing, Magistrate Michael O'Brien said Formosa was lucky not to lose his own life.

"The good news for you is that you are here at all, you're here able bodied without any physical or neurological damage," he said.

"In light of these circumstances you won the lottery, you get a second chance, some people in those circumstances come before me as a coroner's file.

"So the good news is you are alive and able to learn from this experience and resolve to never put yourself in this position again.

"Hopefully the news last weekend might well reinforce in your mind the need to ensure at all time that you have, and particularly in terms of your current licence, no alcohol whatsoever.

"Your legal limit was zero and here you are mid range. Not only that well past the mid part of mid range, you are one or two drinks away from high range.

"Whatever troubles you have in your life doesn't excuse this and from this moment of failure learn from it," he said.

In handing down his sentence Mr O'Brien hoped Formosa would tell his story to those thinking of drink driving.

"That penalty is nothing compared to the fact that you are alive and living to tell the tale," he said.

"Hopefully the tale you tell to colleagues, friends and associates is do not drink and drive."