Woodrow William Dowe appeals drink driving sentence in Tamworth court

Woodrow William Dowe appeared in Tamworth District Court to appeal his sentence after police found him asleep in his car after a night of drinking.

The 22-year-old's defence solicitor Garry Johnston said the facts of the case had "troubled" him ever since the matter first appeared in the local court.

"At no time was he driving the motor vehicle," Mr Johnston said.

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During the local court proceedings in September, the 22-year-old pleaded guilty to one count of mid-range drink driving, and was fined $1200.

Dowe was also disqualified from driving for six months.

During the district court appeal, Mr Johnston said after downing six beers, Dowe "certainly wasn't intending" to get behind the wheel and drive home to Attunga.

Instead, Mr Johnston said he decided to try and sleep it off.

The court heard the 22-year-old got in the car, put the key in the ignition, turned on the lights, and put his seatbelt on before falling asleep across the centre console.

Mr Johnston said the only reason Dowe turned the car on was so he could sleep with the heater on.

"Otherwise he was concerned he would get too cold," Mr Johnston said.

Police found the 22-year-old asleep and he was subject to a blood alcohol test which returned a positive reading of 0.108, more than double the legal limit.

Mr Johnston asked the court to allow the appeal, and for the matter to be dealt with by way of a good behaviour order, without proceeding to a conviction.

He said Dowe's employment as a truck driver was pending based on the outcome of the appeal.

Judge Andrew Coleman said the "fundamental point" of the matter was Dowe "shouldn't have got behind the wheel".

He allowed the appeal and set aside the previous local court sentence.

Dowe was re-sentenced to an 18-month good behaviour order, without recording a conviction.

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