Man fined for refusing breath test

A YOUNG Ballarat man refused to accompany police for a breath test out of fear “his mother would kill him”, a court has heard. 

Joshua Gornalle, 20, was intercepted by police about 4.10am on February 9 when he was seen turning off Gillies Street, Wendouree, without using an indicator. 

On Thursday, the Ballarat Magistrates Court heard Gornalle got out of his car to talk to police and appeared unsteady and smelt of alcohol. 

Asked to accompany police to the station for an evidentiary breath test, Gornalle refused. Police prosecutor Leading Senior Constable Pepe Brown said Gornalle was interviewed at a later date and told police he did not agree to the test because he feared “his mother would kill him”.

Leading Senior Constable Brown said Gornalle also told police he did not want to go back to jail.

The court heard Gornalle was also disqualified from driving when he was caught.

He pleaded guilty to charges including refusing to accompany police for a breath test and driving while disqualified.

Magistrate Cynthia Toose fined Gornalle $1500 and cancelled his licence for 48 months.

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