A senior NSW police officer who crashed his car into a tunnel and dodged a breath test has been convicted of drink driving.
But the officer, who cannot be named for legal reasons, avoided a high-range drink-driving verdict relating to the May 2023 incident which had previously drawn a scathing rebuke from NSW’s law enforcement watchdog.
Magistrate Jennifer Wong was not satisfied the officer's blood-alcohol content (BAC) would have been above the required 0.15 for a high-range charge, instead finding him guilty of the less-serious, mid-range offence.
A mid-range drink-driving offence requires a BAC reading of more than 0.08, but less than 0.15.
Investigators alleged he had more than 20 standard drinks across a nine-hour drinking window, far more than the eight mid-strength beers the officer told his supervisor he consumed.
The 46-year-old did not undertake a blood-alcohol test after he crashed a work-issued vehicle in a northern Sydney tunnel, before leaving it damaged on a street after a lengthy drinking session with colleagues.
A toxicology report presented by the crown prosecution suggested the officer's blood-alcohol level was "probably" above 0.15 - and potentially as high as 0.218.
But another expert estimated his reading would have been 0.137 at 1.45am when the crash happened.
The officer had previously been found guilty of serious misconduct by the state’s Law Enforcement Conduct Commission, for leaving the scene of the crash to avoid the blood-alcohol reading.
It also found he was “deliberately dishonest” in answers on an insurance claim form for the crashed car.
The commission recommended NSW Police Commissioner Karen Webb "consider taking action to terminate the officer's employment", noting his "prestigious position" within the force.
Ms Webb did not comment on the LECC report because an internal complaints process had begun.
NSW Police declined to comment on the guilty verdict, adding they do not comment on court outcomes.
When asked what the officer's current employment status was, NSW Police replied: "The officer is currently out of the workplace."
The Police Association of NSW also declined to comment.
The officer was not charged with any drink-driving offence for six months after the crash and police did not issue a public statement about the incident until it were reported in the media, prompting suggestions leadership was attempting to cover up the events.
But the LECC did not find any evidence the lack of disclosure involved any impropriety.
Ms Webb said the failure to disclose the matter was a result of it "slipping through the cracks" rather than an attempted cover-up.
The officer's identity is the subject of a court non-publication order and cannot be revealed for the next 40 years.
The officer is set to be sentenced on February 4.
