Paul McGirr appears for former rugby league player Franklin Elmes in drink driving matter

A former promising footy player and son of a high-profile Sydney chef almost drunkenly crashed into police before attempting to run away and blowing nearly four times the legal alcohol limit.

Franklin Elmes appeared at Waverley Local Court alongside his dad Darren Elmes and high-profile lawyer Paul McGirr on Tuesday after previously pleading guilty to high-range drink driving.

Agreed facts reveal the 25-year-old was driving on Warners Ave, Bondi Beach on October 7 when he failed to adhere to a give way sign and proceeded through the intersection “at speed”.

It caused police to “break harshly to avoid a collision” prompting them to activate their lights and sirens.

Police followed Elmes for about 400m before he stopped in the middle of the road and ran away and he was eventually stopped at Gilgandra Reserve, admitting he “should not have been driving” because he had been drinking.

Elmes was observed to be “heavily affected by alcohol” which was followed by a positive breath test.

Once taken to Waverley police station, he returned a reading of 0.187.

Mr McGirr told the court on Tuesday his client had “significant mental health issues” and was once “a very promising football player” with The Daily Telegraph understanding he was previously a member of the Sydney Roosters junior rugby league development squad.

While accepting Elmes was “going to be convicted” Mr McGirr said he didn’t believe the threshold for jail was crossed, which Magistrate Ross Hudson agreed with.

“He’s done the traffic offenders program … [he has] a good support network around him,” he said.

In sentencing Elmes, Mr Hudson noted that while he ran from police there were no related charges against him.

He told the court the reading wasn’t at the entry level for high range drink driving, although it wasn’t “the highest … this court” has seen.

Mr Hudson noted Elmes had previously received a suspended prison sentence for an assault occasioning actual bodily harm offence in 2017.

After reading references, including one from Bondi United rugby league club, Mr Hudson accepted Elmes was a “trusted person”, saying when he’s on top of his mental health, he keeps his issues “in tact”.

Despite Mr Hudson acknowledging it was Elmes’ “first major” driving offence, he said it was prevalent in the community and the message wasn’t “getting out” to drivers.

Elmes was ultimately convicted, placed on a 12 month community correction order and suspended for 12 months.