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The Canberra Times
The Canberra Times
National
Blake Foden

'Idiot' could be deported after driving drunk with only legs inside car

Muhammad Harris Javed (black jacket) leaves the ACT Magistrates Court with his supporters after being sentenced. Picture: Blake Foden

A couple who sold about $30,000 worth of gold so their son could study in Australia are unaware he has repaid their sacrifice by driving drunk with his entire upper body outside his car.

A court has heard Muhammad Harris Javed might now be kicked out of the country after he was convicted over the highly dangerous stunt.

Police and the 25-year-old Florey man's own lawyer have condemned his "stupid" behaviour, while a magistrate has urged him to stop being "an idiot".

Javed, who only arrived in Australia in March, appeared in the ACT Magistrates Court for sentence on Thursday after pleading guilty to negligent driving and drink-driving.

Agreed facts tendered to the court say police were patrolling Aikman Drive in Belconnen about 4am on July 29 when they spotted a silver Toyota Corolla travelling at about 70km/h.

"Police observed that the driver of the vehicle was sitting on the open window sill, with his upper body completely outside and only his legs within the vehicle," the facts say.

Javed only climbed back inside after police activated their emergency lights and signalled for him to pull over.

Officers who approached the car could smell alcohol on Javed, who had bloodshot eyes and was slurring his words.

He was subject to a zero alcohol limit but returned a positive reading, and his right to drive in the ACT was immediately suspended.

Muhammad Harris Javed hides behind a folder as he leaves the ACT Magistrates Court on Thursday. Picture: Blake Foden

Javed's lawyer, Andrew Byrnes, told the court the 25-year-old grew up in Pakistan and was in Australia on a temporary visa to study, meaning convictions might have a dire impact on his immigration status.

Mr Byrnes said Javed's parents had sacrificed some $30,000 worth of gold to give him the chance to better himself in this country, and Javed had not told his parents about the charges because he feared potentially needing to return home.

The lawyer urged Magistrate Louise Taylor to make non-conviction orders, admitting this was "a bold submission" in light of his client's "frankly stupid" conduct.

Prosecutors opposed that course, telling the court Javed deserved to be convicted after putting himself, his passengers and other road users at risk.

Mr Byrnes went on to say Javed had been working as a cleaner and an Uber driver while studying for a masters degree, with the goal of ultimately starting his own IT company.

On the day in question, Javed finished an Uber shift and had three or four beers at a friend's house before driving a group to McDonald's.

While in the car, the group came up with the idea that "someone could put themselves out the window", according to Mr Byrnes.

Javed, "with beer goggles on", gave in to peer pressure and did just that.

Mr Byrnes said Javed drove only about 50 metres from the window sill before being spotted by police, and had already lost significant income as a result of his licence suspension.

But he conceded it was dangerous and not a stunt a sober Javed would have pulled.

"His stupidity was high in the circumstances," Mr Byrnes said.

The lawyer tendered to the court a number of documents as evidence of the disconnect between the "educated and bright young man" Javed usually was, and the man who "did something stupid".

This prompted Ms Taylor to observe that upstanding young men were often "emboldened to dabble in stupidity" when they were in a group "with bellies full of beer".

She agreed that Javed was "of otherwise excellent character", and said he had written a letter to the court detailing his shame and embarrassment at the offences.

It was difficult to reconcile the person he ordinarily was with the person who had pulled such a stupid and dangerous stunt, she said.

"Mr Javed, you have presented today as almost two different people: an idiot, and someone who is engaged meaningfully in the community and wishes to better himself," Ms Taylor said.

"I strongly encourage you to become the latter."

Ms Taylor said it would be inappropriate to let Javed off without convictions. She also fined him $1600 and disqualified him from driving for three months.

Javed left court with a group of young men, one of whom yelled "f--- you" at a Canberra Times reporter from a car window as they drove away.

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