Former Australia opener David Warner has been convicted and fined AU$1,500 for drink-driving after a Sydney court heard that he attempted to swap seats with a passenger when approaching a random breath-testing site. Warner was sentenced at Waverley Local Court on Tuesday after pleading guilty last month to the offence, which occurred on Easter Sunday. According to Australian Associated Press, Warner recorded an alcohol reading more than twice the legal limit.
The court heard that Warner had been on an Easter trip home while playing in the Pakistan Super League. His barrister, Awais Ahmad, said the former Australia batter had consumed three glasses of wine at a function before making an impulsive decision to drive his family home. When Warner noticed a police breath-testing site ahead, he stopped before reaching it and attempted to change places with a female passenger, according to the agreed facts read to the court. Police subsequently identified Warner as the driver, after which he cooperated with testing.
Judge Clare Farnan said the offence was aggravated by the presence of Warner's children in the vehicle. Warner will also be required to have an alcohol interlock device installed in his car for 12 months. The device prevents a vehicle from starting if alcohol is detected in the driver's system.
Barrister points to impact on Warner's career
Warner's legal team had asked the court not to record a conviction, arguing that the extensive publicity surrounding the case had already imposed significant consequences on the 39-year-old.
{{/usCountry}}Warner's legal team had asked the court not to record a conviction, arguing that the extensive publicity surrounding the case had already imposed significant consequences on the 39-year-old.
{{/usCountry}}"The consequences of his offending are profound," Ahmad told the court. "Commercial opportunities being affected." Ahmad also raised Warner's potential future involvement in T20 franchise cricket, including opportunities in India and Bangladesh, while referring to what he described as a "non-drinking culture" in those countries.
The court was also told that Warner's position as captain of Sydney Thunder in the Big Bash League could potentially be affected. Thunder, along with the Sydney Sixers, is involved in a New South Wales government campaign aimed at discouraging drink-driving.
Cricket NSW, which owns and manages the Thunder, said it continued to treat the matter seriously. "We continue to take this incident seriously, including educating all players on the importance of safe driving," a Cricket NSW spokesperson said.
Judge Farnan acknowledged that Warner and his family had been subjected to cruel commentary on social media following the incident. However, she rejected the argument that the resulting damage to his public image should prevent a conviction, finding that such attention was foreseeable given Warner's considerable public profile.
The judge also said Warner's attempt to conceal the fact that he had been driving weighed against him. "I accept Mr Warner is unlikely to reoffend," Judge Farnan said. "Regrettably, drink-driving is still a significant factor in many crashes in NSW." Warner will be permitted to resume driving once he obtains an interlock licence and the device is fitted to his vehicle.