By David Kavanagh | posted on November 7, 2019
A MAN who crashed his car into a Kalgan paddock mere hours after having his license disqualified for drink driving will not be allowed back on the roads for at least three years.
Rick Gregory Millan was found guilty of driving under the influence, disorderly behaviour and driving with no authority when he fronted Magistrate Raelene Johnston at Albany Magistrates Court last Thursday.
The 35-year-old recorded a blood alcohol reading of 0.173 grams per 100ml of blood when he was stopped by police driving his Holden Commodore on Hanrahan Road in Lockyer on August 30.
Prosecuting Sergeant Dave Loverock said that at around 1:40pm, Mr Millan made an “unsafe overtaking manoeuvre into the path of a police vehicle heading in the other direction”.
He said an hour later, the father-of-three was served a notice disqualifying his licence until October 29 and released.
At 4:30pm on the same day, Mr Millan was back in the driver’s seat heading in a westerly direction in Kalgan when he lost control of the vehicle and crashed through a fence into a paddock.
“He picked up a beer bottle from the ground and drank it,” Sgt Loverock said.
“He was heavily intoxicated and had slurred speech.”
Sgt Loverock added Mr Millan behaved in an “agitated and aggressive” manner when he was taken into custody and while he was being processed.
“He kicked the side doors [of the police vehicle] and was screaming obscenities at police,” he said.
Magistrate Johnston described Mr Millan’s behaviour as “a disgrace”.
“You were stopped and you continued to drive. You showed blatant disregard for the law and the safety of others,” she said.
Mr Millan’s defence counsel Wendy Stewart said her client denied he made an “unsafe manoeuvre” in the earlier incident but accepted responsibility for his actions overall.
“He drank too much alcohol … he made silly decisions,” she said.
“He has been struggling with alcohol and has engaged with Palmerston.”
The court was told Mr Millan was on a two-year suspended imprisonment order at the time of the offending for assaulting his ex-partner in Little Grove on August 11, 2017.
Magistrate Johnston said although the no authority to drive charge breached the order, Mr Millan had made efforts to overcome his issues.
“You’re most unlikely to get another chance,” she warned him.
Mr Millan received a $3700 fine and two 30-month licence disqualifications, to be served concurrently, for the DUIs.
He was also fined $400 and had his licence disqualified for nine months cumulative for the no authority offence, received another 10-month prison term suspended for 12 months for breaching the original order, and will serve a nine-month community based order for the disorderly charges.