A Ballarat East man who continually breached his alcohol interlock condition and drove unlicensed in an unregistered car has been jailed.
Jonathan Breen, 30, faced the County Court in Ballarat on Monday.
He appealed a sentence of 14 days' jail, a $1000 fine and a 12-month licence cancellation imposed at the Ballarat Magistrates' Court in July for 10 charges.
The charges included drug driving, breaching an alcohol interlock condition, driving unlicensed, using an unregistered vehicle, driving without P plates in a prohibited vehicle and speeding.
Crown prosecutor Andrew Grant said police caught Breen driving a car without an interlock in September 2018 in Ballarat East and an analysis of his oral fluid test confirmed the presence of methamphetamine.
The court heard Breen was driving an unregistered vehicle while suspended, without P plates and without an interlock in a prohibited probationary car in November 2018.
Mr Grant said on January 10, 2019 police detected Breen driving 66km/h in a 40km/h zone on Cobden Street.
Checks showed his licence was suspended and Breen told police he had to drive to get to work.
Defence lawyer Richard Oakley said Breen was appealing his sentence seeking to avoid the 14 day jail term.
He said a community corrections order would provide sufficient general and specific deterrence.
Mr Oakley said the offending happened at a time when his former partner miscarried and he was already punished by his new $7000 car being impounded and crushed.
He accepts his behaviour was stupid, that he has made bad decisions and he is attempting to turn that around.Defence lawyer Richard Oakley.
The court heard Breen had stable employment but would lose his job if he went to prison, and had not been in jail before.
Mr Grant said the gravity of offending was increased as he had awareness of his offending but continued to offend.
Judge Phillip Coish said Breen had a relevant prior history and the offences were 'serious'.
"In my opinion the sentence imposed, if anything, was on the lenient side," he said.
"I do not intend to impose a community corrections order because I believe it is inappropriate in sentencing.
"Your driving record is very bad and these are multiple offences committed without reason."
Judge Coish dismissed the appeal and sentenced Breen to 14 days' jail with one day of pre-sentence detention served and an aggregate fine of $1000.
His licence was cancelled for 12 months effective from July 2019.
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