11-time drink-driver blows 0.171

By Cam Lucadou-Wells

A Dandenong man has pleaded guilty to his 11th drink-driving charge and faces likely jail time, a magistrate has told him.

William Sam Tut, 26, also pleaded guilty to two charges of refusing a blood-alcohol test as a driver, and multiple disqualified driving charges at Dandenong Magistrates’ Court on 13 August.

Tut refused to accompany police to Pakenham police station for further testing after being breath tested at Cardinia Road, Officer on 22 July, 2017.

“Because I’m already in trouble, I’d rather go to a magistrate,” he told police.

He had to drive because his cousin was intoxicated, police were told – despite Tut being disqualified from driving for four years.

The still-disqualified Tut was pulled over with three friends in the car about 10.30am on 2 December.

They had been out all night drinking in the Chapel Street bar precinct, with Tut’s eyes observedly blood-shot. He was smelling of alcohol and his words slurred, police said.

He refused to go to Moorabbin police station for a final blood-alcohol test, saying he had to go to work.

His car was impounded, and Tut and his friends caught a bus to Dandenong, the court heard.

In October, he crashed his friend’s Commodore with three occupants and false-number plates in Allan Street, Dandenong. The car caught on fire, and Tut initially denied being the driver.

Again disqualified, he submitted to a blood-alcohol test and blew 0.171.

Tut had been driving carelessly, which was backed up by the skid-marks in the street and witness statements, police said.

He was also charged with disqualified driving in May 2018 and August 2017, as well as failing to appear in court while on bail.

Defence lawyer Nadine Daniel conceded Tut had an “appalling driving history” with the recent offending “more of the same”.

She argued for a deferred sentence, given Tut’s life had “transformed” since working up to six days a week as a bricklayer.

He provided $500 a week for family members in Egypt, and would lose his job if jailed, she said.

“It would be regressive to jail him now.

“He continues to drink but only on the weekend.”

Magistrate Jack Vandersteen said he would not defer sentence because Tut’s considerable risk could not be managed.

“It’s one of the most potentially serious prior histories.

“It’s too much. It’s very rare that we get someone come to court with so many drink driving offences and at the same time driving while disqualified.”

Mr Vandersteen said Tut would likely be jailed, then consigned to a CCO with judicial monitoring, and alcohol and mental health treatment.

Tut was remanded in custody for final sentencing at Dandenong Magistrates’ Court on 17 August.