A 43-year-old driver who refused a breath test, telling police a ‘dude’ he did not know was driving his car, has been banned from driving for two years.
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Police saw Brett Rovere driving close behind another vehicle north along Vincent Street in Daylesford on July 14 at 11.40pm.
Rovere then veered his Toyota Hilux to the left of the road, stopped his vehicle and turned off the lights.
The driver got out of the vehicle and appeared alcohol-affected, the Ballarat Magistrates Court was told on Thursday.
Police could smell alcohol on his breath and he could not stand still.
Police prosecutor Senior Constable Sam Young said Rovere told police “some dude” was driving his car that he had not met, however police could not locate the other person.
He said police warned Rovere of the consequences of refusing to undergo a breath test but he maintained the dude was the driver.
The court was told Rovere’s driver’s licence had expired a week before the incident but he paid it the following day.
Defence lawyer Scott Belcher said his client panicked when he saw the police and he made up a story about a dude who ran off into the bush.
Magistrate Jonathan Klestadt told Rovere he clearly made a wrong decision to refuse the breath test.
“It seems highly likely you were significantly alcohol-affected which made your driving inherently dangerous but less forthcoming in the interactions you had with police,” Mr Klestadt said.
He warned Rovere not to get behind the wheel during his two-year disqualification period or he faced a $35,000 fine or two years’ prison.
Mr Klestadt said technology police now used to detect unlicensed drivers was better than it had ever been.
Rovere pleaded guilty to two charges, including refusing a breath test and unlicensed driving. His licence was cancelled for two years and he was convicted and fined $750 with $122.30 court costs.
