Cole Matthew Dufty sentenced in Tamworth court for second drink driving offence

Cole Matthew Dufty, 38, fronted sentencing in Tamworth Local Court this week after he was caught driving while more than twice the legal blood alcohol limit late at night on May 28.

He had pleaded guilty to mid-range drink driving. The court heard it was his second offence of the same nature.

"The second error of judgement ... some magistrates would almost put him in jail for this, I'm telling you, because it's a second offence and it's of a level that carries a jail sentence," magistrate Julie Soars said.

The court heard Dufty had downed six full-strength beers since about 3pm and had taken a shot of gin five minutes before he was stopped about 10:30pm.

"It's just excessive drinking," Ms Soars said.

She said no one could possibly think they were under the legal limit at that point.

Defence solicitor Gabrielle Bower asked the court not to record a conviction and said it was a many years since Dufty's earlier drink driving offence.

"Doesn't really matter," Ms Soars replied.

Ms Bower said Dufty was committed to his work and needed his licence for it.

She said he had been trying to fix the issues that led to the offending and said Dufty had told her he wouldn't do it again, despite having said that in the past.

The court heard he had done the traffic offenders' program.

"It's not all about the subjectives ... it's about community safety," Ms Soars said.

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She convicted Dufty and sentenced him to a 14-month good behaviour order with the added condition to have no booze in his system while driving.

His licence was disqualified for three months, he must have an interlock device for a year and he was fined $450.

"You don't want to take your personal issues onto the road ... that's how it seems people get into the most difficulty," Ms Soars told him.

"I do hope not to see you back before the court."

He was arrested after police patrolling in South Tamworth noticed a silver Subaru Liberty travelling north on Goonoo Goonoo Road.

When the officers pulled in behind, the car immediately changed lanes and slowed down.

Police pulled the Subaru over and Dufty told them he had been drinking.

He was arrested after a positive roadside test then blew a reading of 0.108 at Tamworth Police Station.

"[Dufty] was talkative and continually repeating himself and smelt strongly of intoxicating liquor," the police facts said.

Police said he expressed sincere remorse.

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