Drunk learner's aquaplane landed mate in harm's way

BOOZED up and behind the wheel of his mate's car, learner driver Daniel Marshall ran into trouble on a road west of Ipswich.

Marshall hit a puddle and lost control of the Holden Commodore he was driving at Walloon, striking a concrete culvert and flipping.

A passenger was left trapped by an arm through the sunroof of the upturned car.

Daniel Troy Marshall, 24, from Ballogie, north of Toowoomba, pleaded guilty in the District Court at Ipswich to dangerous operation of a motor vehicle causing grievous bodily harm whilst adversely affected by an intoxicating substance.

The crash happened on Taylors Rd, Walloon about 4.30pm on May 8, 2017.

Crown prosecutor Clayton Wallis said he was in the Commodore with his friend and a woman who was his former partner.

"He was heavily intoxicated and engaged in foolish, drunken stupidity," Mr Wallis said.

"Skylarking in a car that was largely unroadworthy, performing burnouts.

"He lost control after being told to slow down."

"He hit a puddle and aqua-planed. The car flipped."

Mr Wallis said there was evidence the Commodore skidded 27.5m, then impacted the concrete culvert at a driveway entrance.

Some of the car had to be cut open by emergency services officers to extricate the injured man, who was seriously injured and spent a month in hospital.

"The consequences were serious and could have been much worse," he said.

He said Marshall lied to police at the crash scene, claiming the injured male was the driver.

Marshall was tested and had an alcohol reading of .122.

Defence barrister Jessica Goldie said "drinking and stupidity" were the only explanation for the offence.

"It was dangerous driving for a short period over a short distance," she told the court.

Ms Goldie said Marshall made full admissions at the police interview and had no previous traffic history.

Judge Dennis Lynch QC said Marshall had been deliberately reckless, significantly affected by alcohol.

"It's a deliberate case of recklessness, the way you operated the car. Significantly affected by alcohol and on a Learner's Permit," Judge Lynch said.

He sentenced him to 3 ½ years jail, suspended after he serves 10 months. Judge Lynch said the car landed on its roof 20m from where it struck the culvert.



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