Drunk driver stitched his own chainsaw wound
A man who drank gin to relieve his pain after stitching up his own chainsaw wound has lost his court case over being caught drink-driving on his way to hospital.
Learner driver, Timothy Withrow, had admitted to driving with a blood alcohol reading of 0.175 and other traffic offences, but challenged a magistrate's refusal to categorise the matter as "trifling".
In the Supreme Court, Justice Kevin Nicholson agreed saying Withrow had options other than to drive, including calling an ambulance or taxi, or approaching a workman or a neighbour.
Withrow sustained a gaping wound to his hand while using a chainsaw at his home in Port Willunga, south of Adelaide, in February 2014.
The magistrate accepted the evidence of Withrow, who said he phoned two emergency departments, but was told they were extremely busy and his wound would not be treated for more than 10 hours.
Becoming concerned at the risk of infection, Withrow used a large sewing needle and some fishing line to stitch up the wound.
Not having any antiseptic, he washed the wound with the gin which he also drank to relieve his great pain.
But he decided to drive to hospital for more professional treatment, after being unable to contact his wife and not being able to afford calling an ambulance.
After being caught drink driving, Withrow faced a minimum 12-month mandatory licence disqualification, but this can be reduced to less than 12 months but not less than one month if the offending is deemed to be "trifling".
In refusing to make the finding, the magistrate said Withrow had other options.
"I admire (his) courage and his tolerance to pain but I do not admire his judgment (to drive)," he said.
Justice Nicholson agreed, saying Withrow's very high blood alcohol content meant he posed a clear danger not only to himself but to other road users.
Although Withrow was an L-plater, he said he previously held a full licence in California for 10 years.
The case will return to the magistrates court for sentencing.
News break – February 18
