![Boy, 10, was steering car with learner driver who had been drinking Boy, 10, was steering car with learner driver who had been drinking](/images/transform/v1/crop/frm/zTpV5j6X6iLmSh5SbcmSaP/546c54a5-aa67-4c50-acfa-19da4237b0bb.jpg/r0_0_1260_708_w1200_h678_fmax.jpg)
A 42-year-old North Albury man on his learner's licence was found to have been drinking when police pulled him over on seeing him nursing a child on his lap.
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Albury Local Court has heard that Justin Mark Gould was controlling the accelerator and brake while the boy steered the car along Bowna Waters Road at Table Top on Christmas Day.
Defence lawyer Glenn Moody submitted to magistrate Sally McLaughlin on Monday, March 20, that it was not noted in the police facts of the case that Gould had ultimate control, as his hands were on the lower part of the steering wheel.
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Ms McLaughlin then pointed out that no charges were laid directly in relation to the boy, aged 10, controlling the car, rather he was being prosecuted for being a learner driver having failed to have a child under 16 secured in his car.
After stopping Gould, police carried out an on-the-spot breathalyser test that revealed he had been drinking.
With that he was arrested and taken to Albury police station, where he provided a breath analysis reading of 0.041.
Mr Moody said the circumstances were that Gould was enjoying Christmas Day drinks and festivities with his partner's family.
At some point, his partner's mother received a phone call in which she found out her own partner was in hospital.
After she left, Mr Moody said, Gould made the "foolish decision to get in his car and drive home".
"My client indicates to me he was driving at a slow jogging speed," he said.
Mr Moody said the car was also "quite some distance" from any main roads.
Ms McLaughlin told Gould that through his actions he had put not only himself but a child in his car and the wider community "at risk of serious injury".
Gould pleaded guilty to learner not accompanied, learner not display "L" plates, learner driver with a passenger under 16 not properly secured, using an unregistered and uninsured motor vehicle, having a vehicle with a bald tyre and special category driver with a special range prescribed concentration of alcohol.
Police were carrying out routine patrols in the Table Top area on December 25 about 3.20pm when they saw a gold-coloured Toyota Camry heading north on Bowna Waters Road.
"When looking in the vehicle, police noticed a young child sitting in the driver's seat of the vehicle."
Gould was convicted and fined $3010 and was disqualified from driving for six months.
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