A Sulfolk Park man has been convicted for drink driving.
A Sulfolk Park man has been convicted for drink driving.

Drunk driver blames his genetics for being over legal limit

A Suffolk Park man who has been convicted for drink driving blamed his "genetics" for being over the legal limit, a court has heard.

Anthony Peter Guterres was self represented at Lismore Local Court on Monday, where was sentenced for a drink driving charge.

The court heard Guterres had pleaded guilty in October to driving with a low range PCA, after he recorded a 0.06 blood alcohol reading during a random breath test.

This was the third time Guterres had been charged with drink driving during his 28-year driving record, the court heard.

But Guterres said he didn't feel impacted by the four alcoholic drinks he'd consumed the night of the incident.

He told the court he must have an "issue" with his "genetic heritage" that caused him to test positive after the four drinks.

"I've never committed anything except ingested alcohol," Guterres said.

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"I don't think I should be treated like a criminal because I don't take drugs or am violent.

"I didn't think I was over the limit."

Magistrate Michael Dakin said "the law doesn't recognise genetic differences when it comes to a drink driver".

"I do take issue with what you said that (your actions are) out of character … this is your third alcohol related offence," Mr Dakin said.

"When someone offends a third time in the same way … (there is a) strong need for objective deterrence.

"There's a line in the sand at 0.05 and you crossed it."

Guterres was fined $600 and had his license suspended for two months.

He will then be required to apply for a 12-month interlock license and was required to provide his details to the NSW Police, including fingerprints.


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