A SLICE of boiled plum pudding with rum as an ingredient could not possibly have pushed a P-plate driver over the legal blood alcohol limit, a court has heard.
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Magistrate Roger Prowse slammed Peter John Booby's story in sentencing in Tamworth Local Court on Monday.
Mr Prowse said Booby's excuse that he had eaten a slice of the alcohol-infused cake before he was caught drink driving was "rubbish".
"Try the other one that plays Jingle Bells ... that explanation is ludicrous," Mr Prowse said.
He said alcohol boiled off food, but Booby retorted that he knew nothing about that.
"Well luckily I do," Mr Prowse said.
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Booby then admitted that he had in fact had an alcoholic drink before he was caught drink driving back in May.
The green P-plater was slapped with an $800 fine and was disqualified from driving for three months.
He must also have an interlock device fit for 12 months afterwards.
Booby represented himself in court when he pleaded guilty to the single charge of being a provisional driver detected driving with a novice range PCA. The court heard it was the second offence of its kind on his record.
"Until you decide to stop drinking you had better decide to stop driving," Mr Prowse said.
He told Booby that if he was offered a slice of fruit cake or plum pudding again he would know the alcohol had been boiled out, whereas he should "absolutely not" risk taking up the offer of something like a rum ball.
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Police and crime reporter at the Newcastle Herald. Email: afalkenmire@austcommunitymedia.com.au
Police and crime reporter at the Newcastle Herald. Email: afalkenmire@austcommunitymedia.com.au
