A drunk driver who smashed into a biker and sent him flying over a wall escaped jail at his Supreme Court sentencing yesterday.

Instead guest worker Ricardo Jorges Oliviera ? a 28-year-old builder from Lynwood Drive, Hamilton Parish ? got a three-month suspended sentence and was banned from bars for a year.

He was also ordered to pay $5,000 to biker Simone Maranzana who needed a hip replacement after being thrown 15 feet in the air over a wall after Oliviera hit him and a jeep while aborting a dangerous overtake.

The court heard how Oliviera had been speeding along South Road, Paget on January 27, 2004 but had run into trouble when he swapped lanes and saw Mr. Maranzana coming towards him.

The drivers had to search for Mr. Maranzana after the accident which left his bike shattered.

In a victim impact statement read to the court, Mr. Maranzana said he woke up the next day in severe pain and emotional distress as he re-evaluated his life with the injuries.

He was unable to dress, wash or feed himself and he has lost around $90,000 in earnings as he was no longer able to function in his job properly as manager of Portofino restaurant and could only do work in the office which paid him just $250 a week.

The accident forced him to give up snowboarding, skiing, waterskiing and volleyball and he has been told he will need a hip replacement at least every 20 years.

Crown counsel Oonagh Vaucrosson called for a custodial sentence however Oliviera?s lawyer Leopold Mills urged leniency, saying Oliviera had never been in trouble before and had a wife and young son to support.

Oliviera, who had earlier pleaded guilty to causing actual bodily harm through dangerous driving, apologised for the accident via a Portuguese interpreter.

Puisne Judge Ian Kawaley pointed out that he had been twice over the legal drink-drive limit.

He said: ?It seems miraculous the victim did not suffer more serious injuries.?

In delivering the three-month suspended sentence and reparation payment, Mr. Kawaley noted that Mr. Maranzana would likely get further compensation from either insurance or the criminal injury compensation board.