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Four bottles of alcohol in warm lighting against dark background

Young driver found asleep in car, banned from driving for 15 months

Billy John Martinez, 21, was found asleep in his car on the Calder Highway. He was banned from driving for 15 months.

Police found Martinez asleep in his mother's BMW. It was parked on the wrong side of the road at a Serpentine petrol station.

Martinez had been driving on the emergency lane of the Calder Highway between Melbourne and Swan Hill. Martinez pleaded guilty to drink-driving.

He told police he had drunk more than one-and-a-half cans of a mixed-bourbon drink earlier that day. Martinez's defense lawyer said he had major alcohol problems.

He claimed he had spent about $4000 on hypnotherapy to stop cravings. The magistrate said drink-driving put Martinez and everyone on the road at serious risk of death.

She ordered a 15-month driving ban. Martinez had also asked Crown Casino to permanently ban him.

15 months, backdated to August 17
Driving ban
.155
Breath alcohol
About $4000 since the offence
Hypnotherapy spending
Serpentine petrol station, Calder Highway
Location of incident

Why it mattersA young driver tried to blame hypnotherapy rather than personal responsibility. The court was not persuaded. Drink-driving carries serious consequences regardless of treatment.

AustraliaDrink-drivers in Victoria face strict penalties; this case shows courts will impose lengthy bans even when defendants claim to have sought help.

✓ Claims checked against the source and corrected before publish. checked 2 h ago

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