Lengthy driving ban for refusing breath test

A RUN of bad luck continued for David John Scott when his tyre started making a noise as he drove along the Bruce Highway near Maryborough.

He pulled off at Aldershot about 11pm on June 7 and, deciding he needed to get help with the tyre, decided to stay there until morning.

This was the story told to Maryborough Magistrates Court about the moments after Scott, 44, hit a ditch, lost control of his car and blew the tyre.

The court heard he then started consuming alcohol and fell asleep.

A person at a neighbouring property heard a commotion and called the police.

When police arrived, they found Scott sleeping next to the car.

The officers asked him to provide a specimen of breath and he refused.

Scott pleaded guilty to failing to provide a sample of breath.

The court heard Scott had a previous high range drink driving conviction from August, 2015.

He had been trying to get to Lenthalls Dam when he was forced off the road by the blown tyre.

The court heard Scott had been through a rough trot- divorce, losing his home and then his job.

He had been working in the mines and recently completed a truck driving course to get another job.

But now, he was facing the loss of his licence.

The court heard he had been staying in a men's shelter because he needed to be in Maryborough for his court appearance.

Magistrate Terry Duroux said he accepted there was nothing sinister in relation to intending to drive, but when police asked someone to take a breath test, that had to be complied with.

"If police pull us up and want us to blow in the bag, we've got to blow in the bag," he said.

Scott was fined $100 and disqualified from driving for 12 months.

A conviction was recorded.



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