A Habana nursing assistant was busted for drug-driving.
A Habana nursing assistant was busted for drug-driving.

Mackay nursing assistant drove with ice in her system

A NURSING assistant busted for drug-driving twice in two years claims she did not think she would put anyone else at risk.

She avoided recording a conviction but not a hefty driving ban that left her shocked in Mackay Magistrates Court.

The Habana mother of two was driving with ice in her system when she was stopped for a random breath test on her way home on September 4 this year.

The 42-year-old mother of two was stopped while driving home on September 4 this year. Brendale Pic Chris Higgins
The 42-year-old mother of two was stopped while driving home on September 4 this year. Brendale Pic Chris Higgins

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And it's not her first time - Kylie Louise Le Garde has a prior entry for July 17, 2018.

Her solicitor tried to quash a notice of intention to allege her prior drug-driving history - tended by prosecution and which allows for a harsher penalty - over an administrative error.

Solicitor Rebecca Casanovas, of Macrossan and Amiet Solicitors, argued the notice was inadmissable due to an incorrect detail.

"There is an error between what section she should be charged under and what she is pleading guilty under and what's been recorded on the notice," Ms Casanovas said.

Magistrate Damien Dwyer allowed the notice of intention to allege to be admitted.

Le Garde pleaded guilty to drug-driving, which Ms Casanovas said was "due to a relapse earlier in the week".

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"My client did not think that at the time her driving would in any way be affected or put anyone else at risk," Ms Casanovas said.

The court heard Le Garde, a single mother, an assistant in nursing and had worked in nursing for the past decade.

Ms Casanovas said since her last drug-driving charge, Le Garde had had "minor traffic infractions".

"Well it's only minor if it doesn't kill someone," Mr Dwyer said, adding speeding was not minor.

The court heard she had been attending on Lives Lived Well since January this year to address her behaviour.

The assistant in nursing has been fined and disqualified but avoided a conviction being recorded for drug driving.
The assistant in nursing has been fined and disqualified but avoided a conviction being recorded for drug driving.

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Ms Casanovas said "it's going to be very significant and post great difficulty to her" if any disqualification was imposed and also pushed that no conviction be recorded as it would "impose incredible difficulties" regarding her employment.

"Why? How many drug-drivings does she have to have before the community's safe from her?" Mr Dwyer asked, before saying he would give her the benefit of the doubt one last time.

A conviction was not recorded, but Le Garde was fined $1065 and disqualified from driving for seven months.

"There's a need for strong personal deterrence and general deterrence … for people who get on this drug and get in a car and drive," Mr Dwyer said.


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