{"id":1652,"date":"2018-01-30T03:58:58","date_gmt":"2018-01-30T03:58:58","guid":{"rendered":"https:\/\/themooraboolnews.com.au\/?p=1652"},"modified":"2024-02-02T17:15:24","modified_gmt":"2024-02-02T06:15:24","slug":"deadly-drink-driver-nearly-four-times-over-legal-limit","status":"publish","type":"post","link":"https:\/\/timesnewsgroup.com.au\/themooraboolnews\/crime\/deadly-drink-driver-nearly-four-times-over-legal-limit\/","title":{"rendered":"Deadly drink-driver nearly four times over legal limit"},"content":{"rendered":"

By Jessica Howard <\/strong><\/p>\n

The driver accused of killing 22-year-old Gisborne man Hayden Kloppers was nearly four times over the legal blood alcohol limit, a court has heard.\u00a0<\/p>\n

Paul Smith, 26, returned a reading of more than 0.20 per cent in the hours after the fatal car accident that occurred on Saturday March 25, 2017.\u00a0<\/p>\n

The Kurunjang man appeared in the Victorian County Court in Melbourne today charged with one count of culpable driving.\u00a0<\/p>\n

The court heard the accused was travelling at a minimum 168k\/h on Bacchus Marsh Road when he lost control of his white Holden utility and crashed into a large tree located at the Bacchus Marsh Avenue of Honour.\u00a0<\/p>\n

The\u00a0speed limit\u00a0is 60k\/h on that stretch of road.\u00a0Passenger, Hayden Kloppers died at the scene.\u00a0<\/p>\n

In a victim impact statement, the deceased\u2019s father Roelof Kloppers told of his heartbreak following the sudden death of his son.\u00a0<\/p>\n

\u201cNo words can put into perspective what I [am feeling],\u201d he said. <\/p>\n

\u201cI can keep talking of the pain of viewing my son\u2019s body in the morgue or missing his face at Christmas dinner, but that won\u2019t bring him back\u201d. <\/p>\n

The court heard Smith had been drinking at two Bacchus Marsh venues on the night of the incident. <\/p>\n

The victim, who had met Smith\u2019s roommate two-weeks prior at the Gisborne Hotel, had agreed to pick up the accused at around 1am and take him back to his Kurunjang property. <\/p>\n

The court heard the victim drove Smith\u2019s vehicle to Flanagans Border Inn in Bacchus Marsh, arriving at around 1:30am. <\/p>\n

CCTV footage showed Smith approach the passenger side of the vehicle before making his way to the driver\u2019s side and swapping seats with the victim. <\/p>\n

The vehicle was seen driving at a fast rate before doing a burn out and turning right towards Main Street in Bacchus Marsh. <\/p>\n

At 1:37am, the vehicle was captured driving in an easterly direction when it lost traction and collided with a large elm tree, and then a shed. <\/p>\n

The passenger seat, alongside the engine and other parts of the vehicle, were ejected on impact. <\/p>\n

Police attended the scene, where the accused was found sitting on the ground with no shirt or shoes. <\/p>\n

Police allege the man said he did not know what had happened and couldn\u2019t remember if he had been driving the vehicle. <\/p>\n

Smith told police he thought the speed limit was 100k\/h. <\/p>\n

In an interview on March 28 2017, the accused told police he remembered making a phone call to his roommate to ask for a lift home, but could not recall the accident. <\/p>\n

On July 28 2017, he pleaded guilty to culpable driving.<\/p>\n

The victim\u2019s younger brother, Jonty said he should never have had to have seen his brother\u2019s body in the morgue or plan his funeral. <\/p>\n

His mother, Loren said there was \u201cnot much laughing in our house or in our lives anymore\u201d. <\/p>\n

Smith\u2019s lawyer Marcus Dempsey said the accused, who was 25-years-old at the time of the incident, had an \u201cutterly unremarkable background\u201d. <\/p>\n

\u201cThere\u2019s no criminal history\u2026 no criminal offences\u2026 no mental disorders\u2026 no drug or gambling addictions,\u2019\u201d he said. <\/p>\n

\u201cHe was, and is, much loved by his family\u201d. <\/p>\n

Mr Dempsey said while Smith had started binge drinking on weekends at the age of 16, it had never resulted in any aggravated or criminal behavior. <\/p>\n

He said on the night of the incident, Smith had left his car at home and had no intention of driving. <\/p>\n

\u201c[Upon being picked up], he has for some reason decided that he would drive, and there are only a few minutes between this decision and the fatality. <\/p>\n

\u201cHe first approached the passenger seat\u2026. but instead the decision to drive is made with a spectacular level of intoxication\u201d.<\/p>\n

Mr Dempsey said Smith had clear gaps in his memory of the night and that there was \u201cample evidence of his unfathomable remorse\u201d. <\/p>\n

\u201cThere has been a proper human reaction of guilt to the life that he has taken,\u201d he said. <\/p>\n

\u201cHe says that it should have been him that died that night\u201d. <\/p>\n

Smith will be sentenced in Melbourne at a date to be fixed.<\/p>\n

The maximum penalty for culpable driving is 20-years\u2019 imprisonment. <\/p>\n

Judge Gregory Lyon was presiding. <\/p>\n","protected":false},"excerpt":{"rendered":"

By Jessica Howard The driver accused of killing 22-year-old Gisborne man Hayden Kloppers was nearly four times over the legal blood alcohol limit, a court has heard.\u00a0 Paul Smith, 26, returned a reading of more than 0.20 per cent in the hours after the fatal car accident that occurred on Saturday March 25, 2017.\u00a0 The […]<\/p>\n

Read More…<\/a><\/p>\n","protected":false},"author":221,"featured_media":24996,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[227,15],"tags":[],"post_folder":[],"class_list":["post-1652","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-crime","category-news"],"acf":[],"yoast_head":"\nDeadly drink-driver nearly four times over legal limit - The Moorabool News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/timesnewsgroup.com.au\/themooraboolnews\/crime\/deadly-drink-driver-nearly-four-times-over-legal-limit\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Deadly drink-driver nearly four times over legal limit - 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