A man who performed a burnout with his unrestrained children in the back of his car has been convicted and fined.
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Wayne Patmore appeared at the Ballarat Magistrates' Court via video link on Thursday and pleaded guilty to the offending on May 6, 2021.
The police prosecutor told the court police were driving south on Hazel Road in a marked police car about 5.40pm when they "heard screeching tyres" as they approached Lilac Court.
"Police reached the court and saw the accused heading east towards Hazel Road," he said. "Police saw a large plume of smoke coming from the rear of the accused's vehicle and tyre marks on the road behind it."
He said police then formed the opinion that the accused had "performed a burnout" on the Wendouree street and moved to intercept the vehicle.
After doing so the police observed two young children, aged two and four, in the footwells at the back of the car. They were not strapped into car seats and were not wearing seatbelts.
Checks showed Patmore's licence had been disqualified by the court two months earlier.
The prosecutor told the court Patmore "became aggressive" when police informed him that his vehicle would be impounded.
The court heard he began swearing and shouting, including yelling derogatory comments to the police officers.
By this point many residents had emerged from their homes due to the commotion.
The court heard Patmore became aggressive and kicked his car, before climbing onto its roof and jumping up and down and smashing the windows. He continued to scream and threaten the police officers and refused to be interviewed once the car had been impounded.
The court heard Patmore has 21-pages of traffic offences and 27-pages of criminal priors.
Representing himself at the court, he agreed with the police summary but said his sons were sitting on the backseat and not in the footwells.
But he agreed they were not sitting in child car seats, nor were they wearing seatbelts, because they were "only going around the corner" so he thought it would "be alright".
He told magistrate Letizia Torres one of the police officer's was "baiting him" and that is why he "went off".
"He was being smart so I cracked it and told him what I thought," he said.
Asked what he thought looking back on his behaviour, he said "it was stupid".
Patmore told the court he had since moved to Queensland "for a fresh start" and was working to provide for his children.
Ms Torres said her options were limited given he now lived interstate, including directing him to participate in any programs.
"I'd like you to think about how you lost your temper and how you can process those feelings in a way that doesn't harm others," she told him.
Patmore was convicted and fined $800.
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