AN OFF-DUTY police officer who ran her car off the road and refused a breath test while more than four times the legal alcohol limit had two children in the backseat, Newcastle Local Court has heard.
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Experienced police officer Kristy Lea Madden, now 44, was on Thursday convicted and fined a total of $1400 after pleading guilty in May to high-range drink driving and refusing to submit to a breath test.
Madden had two children in the backseat when she lost control of her car on Goodwins Road at Morisset about 8.40pm on March 28 this year.
Madden, a senior constable attached to a specialist command, was on her way to a nearby bottle shop to buy more alcohol when she crashed into a ditch, the court heard on Thursday.
When highway patrol officers arrived, Madden refused a breath test.
She would later record a blood alcohol reading of 0.208 - more than four times the legal blood alcohol limit.
Madden, who was represented by solicitor Brad Kernick, pleaded guilty in Toronto Local Court in May.
But on Thursday Mr Kernick applied to have the charges dealt with under the Mental Health and Cognitive Impairment Forensic Provision Act, which would see Madden discharged into the care of a rehabilitation centre due to her diagnosis of complex post-traumatic stress disorder caused, in part, by her 15-year career as a police officer.
But that approach was opposed by the prosecution due to the seriousness of the high-range drink driving offence.
"The reason the driving came to an end was because the car crashed into a ditch rather than she realised she should stop driving," the prosecutor said. "The potential for serious danger was extremely high."
Ultimately, Magistrate Janine Lacy agreed the offence was too serious and refused the application.
Mr Kernick submitted Madden could be placed on a community correction order so that she could continue her rehabilitation.
He said she had "no excuse and no comprehension why" she decided to drive to the bottle shop with her children in the car after consuming "copious amounts of alcohol".
And Mr Kernick conceded Madden had a better idea than most the dangers associated with drink driving.
Madden was convicted, fined $1400 and placed on a two-year community corrections order.
The potential for serious danger was extremely high.
- Newcastle Local Court heard on Thursday.
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