A driver has found himself lucky to be alive but subsequently in front of Cowra Local Court charged with drive with middle range PCA.
Brent Andrew O'Neill, 40, of Main Street, Cudal appeared before the court and was given a six month intensive corrections order, fined $800 and disqualified for six months, with a mandatory interlock period of 12 months.
According to the police facts, around 10pm on January 16, 2019, O'Neill was driving on Barrier Highway, Miandetta.
O'Neill told police he was one kilometre west of Gilgai Road and noticed something off to the left side of the vehicle on the roadside.
When O'Neill looked back to the road, he was on the wrong side and had driven into the table drain.
He attempted to steer back onto the road but lost control of his vehicle and hit a large tree.
O'Neill attended Nyngan Hospital, where police spoke to him the next day.
When asked if he has consumed alcohol, O'Neill said he drank approximately 12 beers since 3pm that day.
He consumed the beers at two different pubs and admitted he was drinking when he drove and when the accident occurred.
Police attended the scene of the accident, where they located an open stubby bottle of XXXX located next to the steering wheel.
O'Neill's blood sample recorded a reading of 0.080 grams of alcohol in 100mm of blood.
O'Neill's solicitor, June Langfield, said her client had issues with alcohol since his teenage years and this was his sixth offence of this nature.
"This is number six in terms of offences of this nature, that is very concerning," she said.
"He was struggling with the breakdown of a relationship... As everybody knows, excessive alcohol consumption is not a cure for a broken heart."
Magistrate Michael O'Brien said O'Neill was lucky to be able to even attend court, let alone survive his accident.
"The fact that you are here at all should not be lost on you. Good luck rather than good management," he said.
"Your record for offending of this kind is probably the lengthiest I've ever seen.
"Your life was nearly taken.. I hope you live to make old bones."
O'Neill was also ordered to provide written evidence of completion of the Traffic Offenders Program.