Terminal cancer fighter under 'stress' before car crash
AN elderly woman "fighting to survive" terminal lung cancer was under immense "stress" when she drank scotch, drove to pick up her son and crashed her car near a petrol station.
Caloundra Magistrates Court heard it was a "spur of the moment" decision for Marilyn Lenore Nichol to drink a glass of Jim Beam and coke and drive to pick up her son at West Caloundra before crashing at Rainbow Fuel on March 11.
The court heard today that police were waved down by a man at the crash scene on Regent St about 10.43am where Nichol was "in shock" still inside the car.
Police conducted a breath test on Nichol at 10.55am who returned a blood alcohol reading of 0.052.
The court heard Nichol was "normally a non-drinker" but was under a lot of stress after being subject to 25 radium treatments to fight terminal lung cancer.
Nichol was supported arm-in-arm by a man who stood beside her as she spoke to Magistrate Stephanie Tonkin.
"I'm still fighting to survive it," she said.
"They said it will go to your brain and kill you."
Nichol said she had "no alternative" but to go ahead with the treatments which have taken a toll on her health and life.
The court heard Nichol claim she only drank a small amount of scotch and "half a glass" was still on her kitchen bench when she returned home.
Ms Tonkin acknowledged Nichol's minimal traffic history over her years of driving.
The court heard Nichol had received five traffic infringements since 1995, her most recent in 2012.
"You're obviously not a drink driver ... you deserve a lot of credit for the otherwise impressive history," Ms Tonkin said.
Nichol was ordered to complete a 12-month good behaviour bond and disqualified from driving for one month.
No conviction was recorded.