![The man was sentenced in Tamworth court. File picture The man was sentenced in Tamworth court. File picture](/images/transform/v1/crop/frm/afalkenmire/0ef2056b-bc09-4448-88b3-377319195b4b.jpg/r0_0_5568_3712_w1200_h678_fmax.jpg)
A DISQUALIFIED driver caught behind the wheel while more than three times the legal limit will not spend time in prison after he was given a chance to prove he could behave.
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Matty David Green was sentenced to an eight-month community-based custodial order in Tamworth Local Court after pleading guilty to high-range drink driving, while disqualified.
The court heard he had made good progress in his rehabilitation and that if he was allowed to live in Queensland while serving out the order, it would help even more.
Magistrate Julie Soars had told the 33-year-old after hearing submissions last year that if he could stick to strict bail conditions including not to drink or enter licenced venues for a few months, he could avoid going to jail.
"The proof will be in the pudding," she said at the time.
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The court heard at that time Green already had two mid-range drink driving offences and a high-range offence to his name when he blew more than three times the legal limit in June 2021.
One of the sentences he had already been handed for drink driving included 120 hours of community service, the court was told.
Green was also on a driving ban until 2024 at the time he was caught, and he was hit with a 12-month good behaviour order for disqualified driving.
The case returned to court this month after Ms Soars convicted Green and ordered him to stay off the road for six months from that date, which has since expired.
She found exceptional circumstances in the case.
Green was pulled over for a random breath test as he travelled along Cole Road in West Tamworth just before 3am on June 17, last year.
He was arrested after a positive roadside test then blew a blood alcohol reading of 0.153 back at Tamworth Police Station, according to the police document detailing the offending.
Green was also required to have an interlock device in his car, and did not have one installed at the time.
"The accused was remorseful for his actions and took responsibility for his behaviour," the police facts said.
"The accused had a female passenger at the time of being stopped."
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