While facing that charge, on December 5 he was found speeding in a Ford vehicle on Ngongotahā Rd exceeding the 80km/h limit by travelling 104km/h. A breath test returned a reading of 495mg of alcohol per litre of breath. The legal limit is 400mg.
Then while before the court on that charge, Gale again drove on the morning of December 23 on Fairy Springs Rd and was seen swerving in and out of heavy morning traffic. He was stopped by police and a breath test returned a reading of 597mg of alcohol per litre of breath.
Seven days later on December 30 after 11pm, Gale was found driving on Commerce St in Whakatāne and returned a breath test of 494mg of alcohol per litre of breath.
Judge Paul said on their own, the readings weren’t “spectacular” but in combination and with the associated bad driving they were “dangerous”.
“It is apparent you are an alcoholic, Mr Gale, and you are an undisciplined alcoholic because you will get behind the wheel. The fact you are facing charges before the court have proved no barrier to you continuing to drink and drive and place yourself and other road users at risk, not only because you’re intoxicated but because of the manner of your driving.”
He said Gale also had a relevant conviction in December 2019, which demonstrated a “very dangerous pattern of behaviour”.
Judge Paul gave him credit for his guilty pleas and the fact he was making some attempts to treat his alcoholism.
“Attempts are no good, you have to complete treatment and you probably have to reach a realisation that you are an alcoholic and you cannot drink again.”
Judge Paul said if he were sentencing Gale individually, by the fourth conviction he would end up with a prison sentence of six months. But taking into consideration the legal term of totality, which meant he was sentencing him on all charges at once, he arrived at a sentence of four months’ home detention.
Gale is required to undertake necessary counselling to address his alcohol addiction for nine months.
Judge Paul also “generously perhaps only” disqualified him from driving for nine months.