Burnie lawyer tried to drive house at 0.148 | The Examiner

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Burnie lawyer tried to drive home at 0.148 | The Examiner

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A Burnie attorney sought an independent blood alcohol level in South Australia after its original Forensic Science Services Tasmania level exceeded the critical level of 0.150. Thomas Maxwell Hallett, 32, pleaded guilty to driving a motor vehicle while exceeding the alcohol limit on February 16 last year. Prosecutor Felicity Radin told the court that Hallett was driving on Highlands Lakes Road when he failed to turn a corner and hit a tree stump, causing his vehicle to roll over. IN OTHER NEWS: Ms. Radin said Hallett was at a party in Bothwell and was driving back to Burnie at the time of the crash. He had a short sleep and called 000 and took a roadside breath test at 5:50 am before going to the LGH. A blood sample was taken at 9.41 a.m., which later gave a value of 0.153. Defense attorney Fran McCracken said Hallett kept a blood sample and his GP sent it to an independent laboratory in South Australia, which returned a value of 0.148 in September 2020. A control sample was retested by the FSST and also scored below 0.150. Ms. McCracken said the matter was originally scheduled for a controversial factual hearing before a conference between defense lawyers, police and the FSST “rightly” led to the lesser reading was accepted. Magistrate Ken Stanton accepted an amendment to the charge. Hallett, an attorney for Tasmania’s Legal Aid Commission, had previously been convicted under the Road Safety Alcohol and Drugs Act. Ms. McCracken said he made regular social trips to Hobart after getting a job in Burnie. “He burned the candle on both ends and on that occasion went out into the night of a buck and consumed punch that he knew was alcoholic,” she said. “There were no special plans to drive or stay.” The crash occurred about 60 kilometers from the location of the party. Magistrate Ken Stanton said the reading was at the high end of the moderate range for condemnation purposes. A record of 0.150 or more will result in 24 months of disqualification, he said. “It is not for your honor that you drove to a place where you wanted to consume alcohol and then maybe drove a very long distance to Burnie because of the amount you drank,” he said. Mr. Stanton asked law enforcement and defense a question about whether an attorney’s expectations were higher than a layperson’s. “You of all people should know you shouldn’t be committing this type of crime,” he said. Mr Stanton said the references submitted showed that he was highly valued by his employers. “This will potentially be a noose around your neck that you will have with you for the rest of your career, at least for the short term, and something that you will be significantly concerned about as you seek new employment,” he said. He fined Hallett $ 2,200 and reset a 21-month disqualification from driving on July 2020 when he was prevented from driving on bail. “The reason for the disqualification is that just under 0.150 would have resulted in a 24-month disqualification,” he said. “Twenty-one months is a pretty generous discount.” Our journalists work hard to deliver local, breaking news to the community. To keep access to our trusted content: Follow us on Google News: The Examiner

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A Burnie attorney sought an independent blood alcohol level in South Australia after its original Forensic Science Services Tasmania level exceeded the critical level of 0.150.

Thomas Maxwell Hallett, 32, pleaded guilty to driving a motor vehicle while exceeding the alcohol limit on February 16 last year.

Prosecutor Felicity Radin told the court that Hallett was driving on Highlands Lakes Road when he failed to turn a corner and hit a tree stump, causing his vehicle to roll over.

Ms. Radin said Hallett was at a party in Bothwell and was driving back to Burnie at the time of the crash

He had a short sleep and called 000 and took a roadside breath test at 5:50 am before being taken to the LGH.

A blood sample was taken at 9.41 a.m., which later gave a value of 0.153.

Defense attorney Fran McCracken said Hallett kept a blood sample and his GP sent it to an independent laboratory in South Australia, which returned a value of 0.148 in September 2020.

A control sample was retested by FSST and a value below 0.150 was also recorded

Ms. McCracken said the matter was originally scheduled for a controversial factual hearing before a conference between defense attorneys, police and the FSST “rightly” resulted in the lesser reading being accepted.

Magistrate Ken Stanton accepted an amendment to the charge.

Hallett, an attorney for Tasmania’s Legal Aid Commission, had previously been convicted under the Road Safety Alcohol and Drugs Act.

Ms. McCracken said he made regular social trips to Hobart after getting a job in Burnie.

“He burned the candle on both ends and on that occasion went out into the night of a buck and consumed punch that he knew was alcoholic,” she said.

“There were no special plans to drive or stay.”

The crash occurred about 60 kilometers from the location of the party.

Magistrate Ken Stanton said the reading was at the high end of the moderate range for condemnation purposes.

A record of 0.150 or more will result in 24 months of disqualification, he said.

“It is not for your honor that you drove to a place where you wanted to consume alcohol and then maybe drove a very long distance to Burnie because of the amount you drank,” he said.

Mr. Stanton asked law enforcement and defense a question about whether an attorney’s expectations were higher than a layperson’s.

“You of all people should know you shouldn’t be committing this type of crime,” he said.

Mr Stanton said the references submitted showed that he was highly valued by his employers.

“This will potentially be a noose around your neck that you will have with you for the rest of your career, at least for the short term, and something that you will be significantly concerned about as you seek new employment,” he said.

He fined Hallett $ 2,200 and reset a 21-month disqualification from driving until July 2020 when bail prevented him from driving.

“The reason for the disqualification is that just under 0.150 would have resulted in a 24-month disqualification,” he said.

“Twenty-one months is a pretty generous discount.”

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