By Cam Lucadou-Wells
A DISQUALIFIED driver with two suspended sentences hanging over his head has been jailed for three months after drunkenly reversing his friend’s car from the middle of a residential street.
Elia Pakwan, of Eumemmerring, blew 0.26 – more than five times the legal blood-alcohol limit – shortly after police watched him drive six metres on course to hit another parked vehicle on McNabb Court, Dandenong North, on 14 December 2014, a court heard.
At the time, Pakwan had been recently disqualified from driving for four years, and was subject to suspended jail terms – eight months for recklessly causing injury and three months for an early count of disqualified driving.
He conceded to police that he had drank three beers but had only sought to move his drunken friend’s car from the middle of the street.
Prior to his Dandenong Magistrates’ Court hearing on 3 October, Pakwan had allegedly failed to appear at court three times over the matter.
Pakwan’s lawyer argued there were exceptional circumstances to justify not invoking the suspended sentence, such as no further offending since late 2014.
The accused – who had a lengthy history of drink-driving – had made “significant strides” in curbing his alcohol and cannabis abuse through the help of family and church members, the lawyer said.
“He stopped using cannabis a year ago and never drinks to excess.
“He was previously drinking large amounts of spirits and beer on a daily basis.”
Pakwan was also due to become a father in five months, the court heard.
Magistrate Jack Vandersteen said there were exceptional circumstances only for the eight-month suspended jail term for recklessly causing injury.
Mr Vandersteen took into account the nature of the offending, Pakwan’s lack of recent offending, remission from drugs and alcohol, stable accommodation and his impending fatherhood.
An eight-month jail term would be disproportionate but not a three-month term, Mr Vandersteen said.
“You’ve taken very positive steps. It’s a pity you didn’t bring (the matter) to court earlier. Maybe you weren’t as stable as it was put to me.”
Pakwan will be released from prison before Christmas and the expected birth of his child. His driver’s licence was cancelled for a further four years.
