Jail for drunk driver who killed his brother

The mother of a young Rotorua man who killed his younger brother in a horrific pre-Christmas smash last year fears he may continue to drink and drive.

But it will be some time before Arama Adam Simon, 23, gets the chance to return behind the wheel of a car.

He was jailed yesterday for three years for killing his brother Taylor Simon, 17, in a smash on December 10 last year.

At the time Simon was driving with an alcohol level nearly twice the legal limit.

The crash occurred near Rotorua's central business district after Simon lost control of his car and hit a concrete median. The car became airborne, smashing into an oncoming vehicle. Simon's car ripped in two, prompting police to say it was a miracle no-one else was killed.

Simon's younger brother died from massive head and chest trauma the day after the crash.

Simon was found to be driving with an excess breath alcohol level of 775mg of alcohol per litre of breath. The legal limit is 400mg.

Rotorua District Court was told yesterday that the boys' mother was still angry but forgave Simon. His lawyer, Harry Edward, said she was afraid her son would drink and drive again.

"She says that she goes out looking for him to make sure he is safe."

Mr Edward said there was no greater punishment for Simon than living the rest of his life knowing he had killed his little brother.

"They were very close. They had a special relationship and it is a huge tragedy."

Simon was also punished yesterday for other offences he committed earlier in the year and last year, including resisting arrest and obstructing police, breach of bail, and unlawful possession of a gun.

Judge Chris McGuire said he often told drivers they would kill someone if they drove after drinking large amounts of alcohol.

"Regrettably, that has come true for you. People have done scientific research to show that any reading over 600 makes them potentially lethal. You had 775."

Simon's family had asked the court to sentence him to community work instead of a jail. But the judge said there was no way he could avoid sending him to jail, given the maximum sentence for drunk driving causing death was five years.

Judge McGuire said he also had to deter others from doing what Simon did.

Simon was also sentenced to a year's jail on two charges of driving with excess breath alcohol causing injury. He was given a month's jail for all the other charges he faced. All prison sentences are concurrent, meaning Simon has a total sentence of three years' jail.

He has been ordered to pay reparation of more than $40,000 to cover the cost of the crash and has been disqualified from driving for five years. Simon's parole conditions include grief and alcohol counselling.

Outside the courtroom Mr Edward said he intended to appeal the sentence.

- DAILY POST (ROTORUA)