A Port Macquarie man has been convicted for driving with illicit drugs in his system after crashing his car on Kennedy Drive.
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Tristan Ruttley, 33, pleaded guilty to driving a vehicle with illicit drugs present in his blood after rolling his car in the early hours of December 3 last year.
The 33-year-old appeared before Magistrate Georgina Darcy on April 12 for sentencing.
Court documents show that on December 3, 2022 about 2.50am, Ruttley was driving a vehicle northbound along Kennedy Drive when he lost control of the rear of the vehicle, causing it to hit the gutter and roll onto its right hand side.
He sustained no injuries in the accident.
Police were called to the scene and breath tested Ruttley on arrival, which returned a negative result.
However, an oral fluid test returned a positive result for cannabis and methamphetamine.
The 33-year-old was arrested and taken to Port Macquarie Police Station.
A secondary sample of oral fluid was taken at the station and sent away for further testing.
Court documents show Ruttley said to the police after he had been arrested, "yeah I smoked cannabis yesterday and used meth three days ago".
The secondary test also returned a positive result to cannabis and methamphetamine.
Sentencing remarks
Ruttley's lawyer Georgina Davey described the accident as an "eye-opener" for the 33-year-old.
"This is his first offence. It was a wake-up call for him," she said.
The court also heard he was "up front with police" on the scene and that he had "reduced" his use of drugs since the accident.
Magistrate Darcy said the accident was a "very aggravating factor" in the matter.
"Police are not required to show your drug use caused the accident, I am still entitled to take it into account," she said.
"You were driving with these two drugs in your system, which can impact on your ability to stop and maintain proper control of the motor vehicle."
Magistrate Darcy said although she had heard Ruttley has reduced his use of illicit drugs, she said he would need to cease using drugs if he wanted to drive.
"I hope it has been a wake-up call for you. It's fortunate the police weren't attending a fatality," she said.
"People die from these types of accidents and have significant long-term injuries."
Magistrate Darcy said she took into account Ruttley's plea of guilty at the earliest opportunity when handing down his sentence.
Ruttley has been convicted and fined $400.
He has also been disqualified from driving for three months.
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