Wodonga man avoids a jail cell by moving in with his church pastor in Lavington

It was suggested to Yves Muhumure Ndayisaba at a previous sentencing hearing that unless he relocated to NSW, he could not get a community-based order.

Muhumure Ndayisaba was given two weeks to find a NSW address to make him eligible for an intensive corrections order, which is a jail term served in the community.

If he hadn't, he faced full-time custody on the charges of driving with a mid-range prescribed concentration of alcohol, for a reading of 0.117, and a combined mid-range drink-driving and illicit drug, of cannabis, present in system.

Defence lawyer Eva Medcraft told Albury Local Court magistrate Sally McLaughlin this week that her client had got the offer from his church pastor, who lived in Lavington.

Ms Medcraft said it was not the first time Muhumure Ndayisaba had lived with the pastor.

"I have spoken with that person this morning," she said, noting the pastor was "more than happy" with the arrangement.

Muhumure Ndayisaba, 27, was handed a seven-month sentence, after Ms McLaughlin pointed out that a jail term was the option available to the court given the serious nature of the offending.

Ms McLaughlin said he had to be jailed to specifically deter him from acting in such a way again.

Under the intensive corrections order, Muhumure Ndayisaba must complete 70 hours of unpaid community work and will be supervised by NSW Community Corrections.

Ms McLaughlin told Muhumure Ndayisaba that he was "not assisted" by his record.

"It is now your third example of driving under the influence," she said.

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Muhumure Ndayisaba's previous convictions were for a low-range prescribed concentration of alcohol offence in 2017 and driving under the influence while suspended in 2018.

"It's very serious offending, sir," Ms McLaughlin said, highlighting the crash that took place on the Hume Highway through Lavington on the night of October 20, 2022.

Ms McLaughlin reminded Muhumure Ndayisaba of the dire consequences for him had someone been killed.

"You would have been jailed for years, would have lived with that for years," she said.

Ms McLaughlin noted also that Muhumure Ndayisaba was a "relatively young man" who had erroneously coped with stresses in his life by turning to illicit drugs and alcohol.

However, he had demonstrated insight into his offending, she said.

Muhumure Ndayisaba lost control of his Holden Rodeo utility as he headed south on the freeway.

The ute skidded into a wire rope barrier separating the two lanes, his vehicle then careering over the top and landing in the northbound lanes.

Police arrived and breath-tested Muhumure Ndayisaba, who gave a positive reading and later also tested positive to an oral fluid test for cannabis.

Muhumure Ndayisaba's case had to be adjourned several times when visa issues left him unable to return from a family wedding in Africa late last year.

He told police after the freeway crash that he had downed three 375ml cans of Jim Beam and cola between 7pm and 9pm, without having anything to eat.

Police checks revealed he was disqualified from driving between January 4, 2021, and August 13, 2023.

Muhumure Ndayisaba was handed a further two-year licence disqualification.

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