A Northern Rivers man who returned a breath analysis at almost six times the legal limit after spending all day drinking port, then hopping on a motorbike and almost causing a crash, has been sentenced.
A Northern Rivers man who returned a breath analysis at almost six times the legal limit after spending all day drinking port, then hopping on a motorbike and almost causing a crash, has been sentenced.

The ‘phenomenal’ breath test reading recorded by motocyclist

A CASINO man who rode a motorbike while he was so drunk he could barely talk to police has received a community-based prison term.

Jordan Battistuzzi, 24, was already on a community corrections order when police were called to reports he'd almost caused an accident on Hickey St, Casino shortly before 5pm on September 26 last year.

According to court documents, he initially returned a roadside breath test reading of 0.333 before a formal breath analysis gave a 0.290 reading, still nearly six times the legal limit.

Battistuzzi told police he'd been drinking port "all day", Casino Local Court heard on Thursday.

Defence solicitor Natasha Wood asked the court to consider an adjournment before sentencing her client, who was now seeking help for his struggles with alcohol.

The court heard a death in the family last year had left her client distressed and escalated his drinking.

Magistrate Kathy Crittenden said a sentencing assessment report gave "little cause for optimism in terms of rehabilitation".

Ms Wood said her client "concedes that alcohol is the primary problem for him" and he'd since began treatment for that.

"This offence occurred in September, it's now January," Ms Crittenden said.

"Why has that taken so long?"

Ms Wood explained her client had only recently been referred to those services.

"He has demonstrated willingness to engage in intervention," she said.

In sentencing Battistuzzi, Ms Crittenden said he'd returned a "phenomenal reading" and showed "absolute disregard for the lives of other people".

"Whatever issues you've got going on, that's what that shows and I've got to recognise that because I've got to think about protection of the community," she said.

"This offence carries a jail term and for a very good reason.

"You've got family you care about. Imagine getting a phone call arising out of something like that.

"You said to the police you'd been drinking port all day before riding the motorcycle.

"Because you were so drunk you couldn't say much more."

A few days prior, Battistuzzi was charged with possessing a knife in a public place on Box Lane, Casino.

He'd told police: "You know Casino, it's for protection".

Battistuzzi was convicted of high range drink-driving, driving on a suspended learners' licence, possessing a small amount of cannabis and having custody of a knife in a public place.

He received a nine month intensive corrections order, was disqualified from driving for 12 months, received a year-long community corrections order and was fined $400.


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