Suspended prison term for driver

Updated November 2 2012 - 12:19am, first published March 10 2009 - 12:39am

A SEBASTOPOL man who avoided a preliminary breath test station set up in Skipton St, Ballarat, escaped an immediate jail term yesterday.Michael James McBain, 34, pleaded guilty in the Ballarat Magistrates Court to driving while disqualified, failing to use an indicator and refusing to accompany police to a station for a breath test.Police prosecutor Sergeant Steve Davis told the court McBain was driving towards a preliminary breath test station in Skipton St on August 24 last year."As the defendant approached the station he was observed turning left into Urquhart St without using a blinker," Sgt Davis said.He said police intercepted and breath-tested McBain in Urquhart St. It revealed a positive reading.The court heard McBain refused to accompany police to the station, despite being given a warning.Sgt Davis said McBain gave police no reason for the offence.Defence barrister Jeremy Sear told the court his client had received treatment for an alcohol problem.He said McBain was about to become a father for the second time and he needed to support his partner.Mr Sear told Magistrate Kay Robertson a one-month suspended sentence would be an appropriate sentence.Ms Robertson told McBain drink-driving was a very serious offence, "because of the injuries it could cause to other people and yourself".She sentenced McBain to two months' jail, suspended for 12 months.He was also disqualified from driving for four years and fined $100 with conviction.