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 Drug-affected driver hit speeds of 150km/h 

Drug-affected driver hit speeds of 150km/h

25 Sep, 2008 05:00 AM
A drug-affected motorist whose driving was so bad a member of the public flagged down police has been sentenced to six months' part-time jail.

Magistrate Ian Guy said during sentencing he had to send a clear message that reckless driving which endangered innocent lives would not be tolerated.

Mitchell Smith, a horticulturist with Wollongong City Council, was returning from the snowfields in busy traffic at the time.

Smith pleaded guilty to driving recklessly and furiously in a manner dangerous to the public.

He also pleaded guilty to possessing and administering cannabis and driving while under the influence of a drug at Berridale on September 2 last year.

Smith, 27, from Minnamurra, had a residue of cannabis in his blood which, according to experts, caused "appreciable impairment" to driving.

Police said they had first noticed Smith at 4pm heading north and overtaking two vehicles on unbroken lines on Kosciusko Rd near Berridale.

He ignored police signals to stop and during the high-speed chase police saw him overtake more vehicles, including a bus, over unbroken lines, the court heard.

It was estimated he had reached speeds of more than 150 km/h in a 100 km/h zone during heavy traffic.

Smith pulled into Berridale and tried to hide but took off again and headed south when police found him, the court heard.

When police lost sight of him on Kosciusko Rd a member of the public flagged them down to complain about the driving and alerted police to Smith's whereabouts.

When he finally stopped, Smith told police: "I just wanted to get home."

Police said his eyes were bloodshot and fixed, and he admitted to using cannabis the previous day.

A small amount of cannabis was found in the car.

Smith's legal counsel Maire Grimes said her client worked with the council in a responsible job.

Ms Grimes said Smith had long-term issues with marijuana and that he conceded he had used cannabis the day before the incident.

"He instructed he had been to the snow, where there was a culture of skiing, working and taking drugs," she said.

Ms Grimes said Smith recognised his driving could have had serious consequences and had since referred himself for treatment at Orana House.

But Mr Guy rejected her submission about the timing of the drug-taking.

He referred to a report by Dr William Allender, from the Police Clinical Forensic Medicine Unit.

Dr Allender said the major drug in cannabis (tetrahydrocannabinol) peaked within minutes of smoking and frequently the levels were undetectable within one to two hours.

It was, however, detected in Smith's blood, which meant he had smoked recently. How recently, Dr Allender could not say.

He said that impairment after cannabis use lasted for four to six hours and included changes in memory, motor co-ordination and sense of time.

Mr Guy said the driving offences warranted a jail term and sentenced Smith to six months' weekend detention.

"Innocent people were going about their business and it is just fortunate they were not injured," he said.

Smith was also placed on a good behaviour bond for 12 months and disqualified from driving for two years.

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Mitchell Smith leaving Wollongong Local Court yesterday.
Mitchell Smith leaving Wollongong Local Court yesterday.

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