Australia’s Ashes villain David Warner blames media onslaught for depriving him of ‘commercial opportunities’ as cricketer is convicted of drink-driving

Ashes villain David Warner was unable to convince a judge to spare him of a drink-driving conviction on Tuesday, after arguing that the ‘savage reporting’ from his arrest was punishment enough.

The 39-year-old was convicted and fined $1500 for mid-range drink-driving after he tried to switch seats with a passenger when approaching a random breath-testing site on Easter Sunday.

He was silent leaving Waverley Local Court on Tuesday, even after stumbling on the way to a waiting car.

The star batter’s barrister argued he should be spared conviction for the offence – when he blew more than twice the legal limit – because he had suffered extra punishment as a result of media coverage.

But Judge Clare Farnan found any potential harm to the opener’s public image was a predictable consequence given his enormous global profile.

Warner was arrested while he was on an Easter trip home from playing in the subcontinent.

The cricketer made an impulsive decision to drive his family home from a function where he had drunk three glasses of wine, his barrister Awais Ahmad said.

When Warner saw the breath-testing site, he stopped short and attempted to swap seats with a female passenger, the agreed facts read out in court state.

Once police identified him as the driver, he cooperated with the testing, Judge Farnan noted.

The offence was aggravated because his children were in the car at the time, the judge said.

Mr Ahmad told Waverley Local Court his client’s indiscretion had been covered in global outlets including ESPN, Al Jazeera and the Indian Express.

Countries such as India and Bangladesh, where Warner might be seeking to play in T20 franchise leagues, have an acceptance of a ‘non-drinking culture,’ Mr Ahmad said.

‘The consequences of his offending are profound,’ Mr Ahmad said.

‘Commercial opportunities (are) being affected.’

Mr Ahmad questioned the decision of NSW Police to issue a press release about Warner’s arrest given the unremarkable nature of the offence.

‘There has been savage media reporting,’ the lawyer said.

The former Test opener was initially not in Waverley Local Court when the sentence was first mentioned, arriving hours later in time for oral submissions.

In his last Instagram story before the sentence was handed down, he posted a picture on Monday night of his wife Candice in the first class cabin of a Qantas A380.

‘You’re killing me darling, another holiday,’ the caption read.

His position as captain of the Sydney Thunder in the domestic Big Bash League is under threat, the court was told.

The Thunder, along with rival Sydney Sixers and Sheffield Shield team the NSW Blues, are part of a state government campaign to deter drink-driving.

Cricket NSW, who owns and manages the Thunder, acknowledged the sentence and said it was a ‘strong advocate of safe driving.’

‘We continue to take this incident seriously, including educating all players on the importance of safe driving,’ a spokesman said.

Judge Farnan said there was evidence of cruel social media commentary directed at the Warners.

Representatives for the cricketer claimed he has lost out on contracts amid the fallout of his drink driving arrest earlier this year

But she found the fact Warner tried to hide his driving from police did not reflect well on his actions.

Judge Farnan said the need to deter the public from drink-driving was paramount in her decision to convict him.

‘I accept Mr Warner is unlikely to reoffend,’ she said.

‘(But) regrettably, drink-driving is still a significant factor in many crashes in NSW.’

Warner will be able to drive after he applies for an interlock licence and has the device fitted to his car for a year.

The interlock will prevent the car from starting if it detects alcohol in his system.

The Test star-turned-Twenty20 gun-for-hire commentated for Fox Cricket on Australia’s recent Test loss to Bangladesh in Darwin.

Before taking up commentary, he was an aggressive run-scorer at the top of the national side until his retirement from Test cricket in 2024.

He scored 8786 runs at an average of more than 44 across his 112 Tests, with a career-high score of 335 not out.