Buddhist denied spent conviction over drink-drive charge

A Dampier quarantine inspector who rarely drinks because of his Buddhist beliefs has been denied a requested spent conviction for drink driving.

Neel J. Liyanage appeared in Karratha Court last week charged with exceeding a 0.08 blood alcohol level while driving.

He pleaded guilty to the charge, but his Legal Aid lawyer Leanne Wykes requested a spent conviction due to extenuating circumstances.

Ms Wykes told the court Liyanage is a Sri Lankan Buddhist with a low tolerance to alcohol because he only drinks several times a year and never more than two drinks at a time.

She told the court her slightly-built client had drunk two stubbies of beer at a party with friends on the night of Friday, March 4 and honestly believed his blood alcohol level would be no higher than the 0.05 driving limit in accordance with generally published guidelines about standard drinks for men.

Liyanage recorded a BA reading of 0.093 on the night, a figure Magistrate Richard Huston said was “well over” the driving limit.

Ms Wykes also told the court a conviction could jeopardise the defendant’s employment prospects in his specialist field and he had sought guidance from alcohol services since being charged.

Magistrate Huston said he accepted the defendant was of good character, but spent convictions for drink driving charges were rare because of the risk of repeat offending.

He said he was not satisfied Liyanage was unlikely to drink and drive again and was especially concerned he had been caught the Friday before a long weekend, when road safety was a well-publicised issue.

Liyanage was sentenced to a $550 fine and seven month licence disqualification.