July 28, 2009

'Something Positive may come from this'

The lives of two young Mid Canterbury sportsmen were nearly derailed by drink driving yesterday.

Secondary school students and top sportsmen Garth Levi Gallagher, 18, and Scott James McFadden, 17, were both in the Ashburton District Court after a social night earlier this month turned bad.

Gallagher, his breath alcohol level nearly twice the legal adult level, drove some friends to visit other friends. The vehicle crashed and they called McFadden for help; he drove to their aid on Fords Road and was also nabbed for driving over the limit.

Both young men pleaded guilty to charges of driving with excess breath alcohol. Gallagher, who returned a reading of 734mcg, was fined $600 and disqualified from driving for six months.

McFadden, who recorded 340mcg (over the 150mcg limit for a driver under 20), was discharged without conviction but ordered to pay $200 to the Salvation Army and disqualified from driving for three months.

McFadden is a world class junior water-skier and regularly visits the USA and Canada for training camps and competitions. A conviction would have created real difficulties travelling overseas.

Police said the 17-year-old had no previous convictions and did not oppose an application by McFadden's lawyer Gretchen Hart for Judge Noel Walsh to discharge him without conviction.

The judge agreed the consequences of a conviction outweighed the crime.

He also had a stack of testimonials confirming McFadden's good character and a letter from a travel agent pointing out the potential difficulties he might encounter in the future with a criminal conviction. "I am satisfied it would be a significant hardship."

He said McFadden had learned a tough lesson in life about the perils of drunk driving, particularly for those under 20.

"You have learned the hard way it does not take much to be over the limit."

Gallagher is a school leader at Ashburton College and a top clay bird shooter. He plans to speak to his peers about the experience.

His lawyer Tim Silva said Gallagher and his friends had made no plans that evening other than to meet and drink, and none of the group had challenged his decision to drive later.

Gallagher had misjudged a corner on Fords Road and crashed the car; no-one was hurt.

"He realises just how close he was to ruining lives."

Mr Silva said a conviction would stop him joining the army, which had been his life plan.

He said Gallagher now planned to join the college's Students Against Drunk Driving group, and deliver a speech to his school-mates about not driving after drinking.

"He has two key messages," Mr Silva said. "To have a plan when drinking, and challenge your friends if they take the wheel. It may result in something positive coming from this."

Judge Walsh said he might have considered a discharge without conviction if Gallagher's breath alcohol level was not so high.