Australia: No significant penalty for habitual drunken driving

A motorist who crashed into a parked car and then got busted for drink driving for the sixth time has walked free from court. Leo Baden Brakey blew 0.143 -- almost three times the legal blood-alcohol limit -- in June last year and should not have been driving with any alcohol in his system.

The North Hobart man's punishment -- a six-month suspended sentence, $500 fine and three-year licence disqualification -- has disappointed road safety advocates. RACT chief engineer Doug Ling said: "If they get off lightly, there is not much deterrent, not much reason for people to change their habits. "The current penalties are probably adequate enough, so long as they are applied by the courts."

Earlier this week, Road Safety Task Force chairman Paul Hogan said serial offenders should be subjected to the "full force of the law". "These people should not be allowed on the road," he said.

The Brakey case in the Hobart Magistrates Court yesterday comes amid calls for tougher penalties for serial drink-drivers, including confiscating their cars. Figures released this week showed a third of drink-drivers caught in southern Tasmania in a Christmas-New Year blitz had been busted before. Magistrate Michael Hill suspended Brakey's prison sentence on the condition he did not offend under the Road Safety Act for three years. He said Brakey, 52, had a substantial record for a variety of offences stretching back 30 years but his behaviour had improved in the past decade. But he noted his last drink-driving offence in 2000 had, "unfortunately" for Brakey, been remarkably similar to the latest offence. In 2000, Brakey blew 0.22 and ran into the back of an occupied car.

On June 12 last year, police were called to Murray St at 2am and found Brakey slumped against a fence. He had abandoned his written-off car in the path of oncoming traffic after crashing into a parked car around the corner in Harrington St. Prosector Rebecca Lancaster said police noticed the disability pensioner's slurred, slow speech, red eyes and a strong smell of alcohol. He recorded a blood-alcohol level of 0.143 despite having a restricted licence, which meant he should not have had any alcohol in his body when driving. Brakey pleaded guilty to one count each of driving a motor vehicle while exceeding the prescribed alcohol limit, driving without due care or attention, and failing to comply with conditions of a driver's licence and the duties of a driver involved in a crash.

His lawyer, Steve Chopping, said Brakey had gone to the Republic Bar in North Hobart to escape a neighbour, who constantly yelled abuse. "He could not face the abuse," Mr Chopping said. "Foolishly, he made the decision to drive home." He said Brakey had being going through a particularly bad and stressful period. His father had died and his wife had "done a runner" with their son. Mr Chopping said Brakey had since changed his habits, been co-operative with police, passed liver function tests and had alcohol counselling. "This is the last time he intends to appear in court," Mr Chopping said.

Mr Hill said Brakey's fifth drink-driving offence had been in 2000 and fourth in 1989. He said the three-year licence suspension given to Brakey was the maximum possible.

Opposition justice spokesman Michael Hodgman, who was run over by a truck driven by a drink-driver when he was eight and almost died, would not comment on individual cases. But he said he was very concerned about any case of a person being convicted for a sixth time of a drink-driving offence, and particularly where that person's ability to drive had been seriously impaired. He said strong deterrents needed to be set for drink driving and repeat offenders, especially in light of the appalling number of recidivists caught during the Christmas period.

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