Lavington man had schooners of beer, some prawns and rice, then got behind wheel

Defence lawyer Piers Blomfield said his client accepted he had to lose his licence "because it's such a serious matter".

"He understands very much he has done the wrong thing and he could have killed someone that night," he submitted to Albury Local Court magistrate Melissa Humphreys.

Mr Blomfield said Ratna Bahadur Gurung, who pleaded guilty to driving with a mid-range prescribed concentration of alcohol, knew he had done wrong.

"From my conversations with his mother he understands he will not drink-drive again," he said.

The court was told Gurung was deaf and had a limited knowledge of signing.

Crucial parts of his sentencing were translated by a Nepalese interpreter to Gurung's mother, who then - through lip reading and a shared system of their own signing - let her son know what was said.

This "double interpretation", as Ms Humphreys described it, then went back the other way via his mother when he responded.

"When he drove," Ms Humphreys said, "he created danger to the community by the way he drove, because he was intoxicated."

In response, Gurung said he "will never drink and drive from now onwards".

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The court was told police stopped Gurung's Isuzu D-MAX utility on Alma Street, Albury, on August 11 about 11.50pm.

His vehicle came under notice because Gurung was speeding and "driving erratically".

"The accused appeared confused and disorientated," police said.

"His eyes were glazed. The accused was sweating profusely from the forehead and smelt strongly of alcohol."

Police said it appeared as though Gurung could not talk, but then it was discovered he was deaf and had some limited ability to use sign language and lip read.

His preliminary breath test for alcohol was positive, so he was arrested and taken to Albury police station.

Gurung told police had had drunk four schooners of beer at the Albion Hotel between 4pm and 11pm, as well as a meal of prawns and rice.

A breath analysis produced a result of 0.126.

Gurung was placed on a six-month community corrections order, convicted and fined $1500 and disqualified from driving for six months.

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