Former Allens Arthur Robinson senior partner David Maloney convicted of drink driving

David Allan Wilson Maloney, 72, of Potts Point, appeared via audio visual link at Goulburn Local Court on August 11. He had previously pleaded guilty to mid-range drink-driving.

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Lawyer Graham Chegwidden spoke in defence of his client.

He said Maloney had been a solicitor for more than 50 years, retired at 60 and now worked as a consultant.

Mr Chegwidden told the court Maloney held various community positions including: Sydney Symphony chairman and was a member of the board of trustees of the Art Gallery of NSW Foundation.

He said Maloney was made a Member in the Order of Australia in 2014 for "service to the visual and performing arts, and to law".

Mr Chegwidden said on June 19, 2021 Maloney had attended his own birthday party at a venue in Taralga. He told the court Maloney travelled from Sydney and stayed nearby.

"He drove the car to the [venue] with the intention of leaving it there," he said.

Mr Chegwidden argued his client initially planned on walking the 700-metre distance, but "considered it unsafe to walk back to his accommodation in the dark" and his wife was wearing heels.

The lawyer said Maloney returned a Prescribed Concentration of Alcohol reading of 0.143 which was "very close to high range".

He said the offender had "stopped drinking just before the analysis".

Mr Chegwidden urged Magistrate Geraldine Beattie to consider a Community Release Order "in light of the circumstances".

Police prosecutor Sergeant Anthony Coleman argued "this type of offence in this area is a prevalent offence, especially in the outer regional suburbs".

"The need for general deterrence looms large," he said.

"This was an exceptionally high reading for mid-range."

Magistrate Geraldine Beattie took Maloney's early guilty plea into account.

She told the court the maximum penalty for mid-range drink-driving was nine-months imprisonment and six months loss of licence.

"I acknowledge [the accused's] good character and contribution to the community," the magistrate said.

"There is nothing wrong with celebrating a birthday dinner and having a few drinks with a meal.

"The decision to drive had no appropriate basis."

Maloney was convicted, fined $1500, and disqualified from driving for three months with a 12-month interlock order.

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