Remorseful drink-driver given ‘final chance’

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

An eighth-time drink-driver was nearly five times the legal alcohol limit for driving when he refused to stop for police, and had to be pursued. 
Jay Tere McCrae, 34, a manager, is the same driver who, in 2018, injured a constable after failing a breath-test and driving off while the officer was clinging to the vehicle, still trying to remove the keys from its ignition. 
McCrae appeared for sentencing last week in Gisborne District Court in relation to his latest offences — drink-driving for a third or subsequent time and failing to stop on October 7, last year. 
He had been driving in Gisborne’s central city area when he refused to stop for a checkpoint. Ignoring police following him, McCrae didn’t pull over until he got to Customhouse Street. He returned a breath-alcohol reading of 1136mcg.
Judge Turitea Bolstad imposed 13 months imprisonment but converted it to six months community detention and nine months supervision. Alcohol-interlock and zero-alcohol licence provisions were also imposed.
Counsel Leighvi Maynard said McCrae’s decision to drive that night was a response to receiving some “disturbing” news. The nature of it wasn’t traversed in open court. McCrae didn’t have the capacity to respond to that news properly and addressed it as he had done in the past — inappropriately and in the knowledge that he had previously been before the court for similar offending.
Mr Maynard conceded a sentence starting point of 18 to 20 months imprisonment was fitting but that an electronically-monitored sentence was appropriate given McCrae’s personal circumstances, his work, and the fact he had an appropriate address. McCrae was genuinely remorseful and was otherwise a valued and contributing member of the community, Mr Maynard said. Were it not for his drink-driving, McCrae would not normally be someone who would appear in a court. 
The judge said she was prepared to give McCrae community detention this time but it was his final chance. He could expect to be jailed for any similar re-offence. 
“You can’t be drinking and driving — no matter what the circumstances. I accept that shock had set in but you can’t be doing this. 
“You could’ve hurt somebody else — somebody else’s family member. 
“It’s irresponsible,” the judge said.   
“Very,” McCrae replied. 
Calculating the sentence, the judge set a starting point of 20 months imprisonment noting the aggravating features of the offending as conceded by Mr Maynard — the high alcohol reading, the manner of driving (failing to stop), and because McCrae was a recidivist — he had seven previous convictions for drink-driving over the past 17 years.
The judge allowed a full 25 percent discount for McCrae’s guilty pleas and a further 10 percent discount for his remorse and personal circumstances.  
According to the Gisborne Herald’s coverage of McCrae’s 2018 offending, the constable clung to the door pillar of McCrae’s car and was dragged for about 50 metres then slid another 10m along the road after being forced to let go of the vehicle when McCrae sped up.
The officer suffered grazing to his elbow, wrist and buttock. His uniform was damaged.
For that offending, McCrae was sentenced to six months home detention, disqualified for a year and a day, and ordered to pay $219 in reparation.