In a cautionary tale for road users everywhere, one driver's decision to undo his seatbelt on a country road has resulted in "life changing" injuries - and a conviction.
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The Ballarat Magistrates' Court heard Scott Davis, 38, had a "shocking driving record" dating back to the early 2000s before his ute collided with another vehicle on Sunday afternoon November 14, 2021.
About 2.32pm, Davis was driving his Holden utility vehicle south down Pitfield-Scarsdale Road, a 100 kilometre per hour zone, when he undid his seatbelt to reach something in the backseat.
Another ute, towing a trailer, slowed in front of his vehicle at the T-intersection of Racecourse Road in Springdallah to turn right.
Davis did not slow down.
Attempting to overtake the slowed vehicle to its right in the oncoming lane and crossing a solid white line, the accused's Holden collided with the passenger door of the ute, overcorrected, skidded over the two southbound lanes and rolled one and three quarter times.
The accused was ejected from the driver's side window in the collison and both he and his passenger were seriously injured.
The driver of the other ute and his passenger were unscathed.
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Davis was airlifted to the Royal Melbourne Hospital where he stayed for two weeks before being transferred to Epworth for 10 weeks of full-time rehabilitation.
Defence counsel told the court the trailer brake lights were not working and Davis was unable to see the other car's indicator light.
The court also heard the 38-year-old will not ever be able to return to work as a concreter as a result of the collison, losing his means to support his young family.
Magistrate Mark Stratmann said the "life-changing and long-lasting physical impacts" on the accused were extra punishment for the offending.
"There is a long recovery road ahead and the impact of this ... incredible discomfort, loss of his employment in the way he was working before, and inconvenience to the family," Mr Stratmann said.
"He is also very fortunate that, other than his passenger, no one in the other vehicle was injured ... this could have been an entirely different catastrophe which would have resulted in him being in a different place."
Davis was fined $1200, and ordered to pay court costs of $131.50.
His licence was cancelled for eight months.
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