Laban Kimaru fronts Goulburn Local Court on drink-driving charge

Laban Kimaru, 25, of Austral, pleaded guilty in Goulburn Local Court on Wednesday, November 22 to one count of driving with mid-range PCA.

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Solicitor Richard Brandon-Baker said his client had told him he'd travelled to Canberra from Sydney on September 15, 2023 with friends.

"He consumed four full-strength beers, had a short sleep and the next morning was driven to a soccer game by a friend," he said.

Mr Brandon-Baker told the court that Kimaru consumed another three beers at the game. He said while Kimaru's friend was "comfortable" driving around Canberra, she did not wish to drive on the highway.

"He believed he was feeling okay and drove. He concedes it was a fundamental mistake," Mr Brandon-Baker said.

The court heard police undertaking speed enforcement had pulled over Kimaru on the Federal Highway at Wollogorang, south of Goulburn on September 16.

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Mr Brandon-Baker said his client held a Kenyan driver's licence. While there was no difference in drink-driving laws between the two countries, Mr Brandon-Baker said it wasn't "given the same focus in Kenya."

He told Magistrate Geraldine Beattie that while Kimaru didn't initially appreciate the matter's seriousness, he had completed the traffic offenders program and entered a guilty plea at the earliest opportunity.

"He completely understands that he has lost the right to drive and will be disqualified today," he said.

"He was also issued with a speeding fine, which he is paying off in instalments."

Mr Brandon-Baker said his client had been studying mechanical engineering in Australia since early 2023. He also worked in aged care in Penrith, had no criminal history and was in the process of transferring his driver's licence to an Australian one.

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He asked that the matter be dealt with by way of a community corrections order.

Magistrate Beattie acknowledged Kimaru's guilty plea and completion of the traffic offender's program. However she pointed out the offence carried a maximum nine months' jail.

"Drink-driving is very serious; it kills and harms people and is happening far too often," she said.

"...Your (PCA) reading of 0.114 was more than double the legal limit. You were speeding with three passengers in the car heading from Canberra to Sydney.

"Knowing you had beers the night before, you topped it off with three more at the soccer game and chose to drive. It would have been so easy for you to crash the car and kill three people."

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Magistrate Beattie said a fine was not sufficient punishment but acknowledged Kimaru now had "a better understanding of his responsibilities as a driver".

She convicted Kimaru and imposed a nine-month community corrections order. She disqualified him from driving for three months until December 16, 2023. A mandatory interlock will apply during this period and for 12 months after Kimaru regains his licence.

"Until you get the interlock, you can't drive. You cannot use your Kenyan driver's licence to drive anywhere in Australia," Magistrate Beattie said.

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