Jail for second DUI conviction

A man who pleaded guilty to driving under the influence of alcohol has been sentenced to serve 30 days in prison.

‘I’m hoping this will be a shock and you will determine to change your ways,’ Magistrate Margaret Ramsay-Hale told the defendant, Malcolm Shamal Nixon.

Nixon, 44, had a reading of .243 on the Breathalyser after being stopped in the early hours of Sunday, 18 December.

But the records showed that he had a similar conviction in 2002, when the offence was known as driving under the influence of alcohol. At that time he was disqualified for three years and fined $400.

In passing sentence for the second conviction last week, the magistrate commented that Nixon must have had a high reading the first time to attract such a penalty.

Referring to his current file, she quoted the defendant as saying to police ‘I know I shouldn’t be driving’ after he was stopped.

The defendant had the knowledge, she observed, but seemed unable to make rational decisions — an indication of the effect of the alcohol.

‘You can drink yourself into a coma, but you may not drink and driveā€¦ and put people at risk,’ she told the defendant.

During his time in custody, he is to be seen by a counsellor and introduced to alcohol counselling, the magistrate directed.

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