A DRINK-DRIVER has avoided prison after the court heard that he had turned his life around.
Philip Nuno Gouveia De Carvalho was ordered to complete 110 hours of community service and placed on probation for nine months. The 40-year-old was also disqualified from driving for 27 months.
The Magistrate’s Court heard that police approached De Carvalho on 21 June after he drove into Roberts Garage without his headlights on.
An officer asked to see his driving licence and noticed alcohol on his breath. The court heard that De Carvalho had a young passenger in the vehicle.
A breath test shows that De Carvalho had 80 micrograms of alcohol per 100 millilitres of breath – more than twice the legal limit for driving, which is 35 micrograms.
Although De Carvalho had previous convictions, the court heard that he had not appeared in court for nine years and had since established his own business.
De Carvalho had cooperated with police and was described as genuinely remorseful. The court also heard that he had experienced a difficult 12 months, including the end of his relationship.
Assistant Magistrate Adam Clarke said the offence crossed the custody threshold but took account of De Carvalho’s remorse and the progress he had made.
The Assistant Magistrate said: “Choosing to drink because of the circumstances is one choice. Choosing to drink and then get into a vehicle is another.”
