He appeared in Magistrate’s Court facing one charge of drink driving.
The Court heard that on 11 September, Carr got on his scooter to go and buy beers in a store. A woman saw him in the shop and, thinking he looked intoxicated, contacted the police. She then took a picture of Carr as he was getting back on his scooter and waited for the police to arrive. After leaving the shop, Carr went to the park where he drunk some of the beers, before returning home. His advocate, Rui Tremoceiro, explained that Carr had drunk some more beers after getting home but couldn’t remember how many he had had.
When the police arrived, Carr was not able to provide a breath sample and therefore his blood was analysed, coming back with a result of 285mg of alcohol per litre of blood.
Pictured: Advocate Rui Tremoceiro was defending Stephen John Carr.
Advocate Tremoceiro told the Court that the day before the incident, Carr had drunk heavily, and there was still alcohol in his blood the next day when he made the “very bad decision to ride his motorbike.”
He said that Carr praised the woman who had called the police about his actions, saying she had done “exactly the right thing.” He added that Carr was truly mortified over what he had done and that his actions were inexplicable. “He does not seek to excuse them whatsoever,” he continued. “He is genuinely remorseful for what he did, and the risks he created for himself and other road users.”
Advocate Tremoceiro added that this was Carr’s first conviction for drink driving and it was out of character for him. He told the Court that Carr was aware his actions put him at risk of a custodial sentence. “He is acutely aware of the possibility and is extremely worried about it,” he added. He suggested community service, explaining that Carr had the support of his family.
He explained that Carr had been going through a tough time and had been drinking excessively in the months leading to the incident. He said that since then, Carr had met a counsellor to learn how to deal with his anxiety. He also said that Carr had been in contact with the ‘Back to work’ team, and discuss his options. These, Advocate Tremoceiro said, were all very positive practical steps taken by Carr since the offence. “He has done everything he could to minimise the risk of reoffending and get his life back,” Advocate Tremoceiro said.
He explained that Carr being a driver foreman, a period of disqualification would affect his work prospects, adding that it would also mean Carr would not be able to indulge in his passion for motorbikes.
Pictured: The Relief Magistrate said the level of alcohol in Carr’s blood, 285mg in a litre of blood, was one of the highest he had ever seen.
Returning his sentence, the Relief Magistrate David le Cornu said that Carr’s was one of, “…the highest reading I have encountered over the many years I have sat on this bench.”
He told Carr that he had come very close to receiving a custodial sentence. He however noted that this was Carr’s first offence and that he had approached the situation responsibly and made an effort after the incident. He therefore opted for 120 hours of community service, equivalent to six months in prison, which he said was the sentence he had had in mind. He also disqualified Carr from driving for three years.