A TIMBOON woman with a history of drink driving related offences has been fined $2000 after she refused an alcohol breath test following a quad bike accident which left a pillion passenger with severe head injuries.
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Rachael Ann Cashmore, 43, of Rands Road, pleaded guilty in the Warrnambool Magistrates Court to refusing an alcohol breath test.
In addition to the fine she was banned from driving for four years.
Th injured man is still in hospital after the accident on June 20 but it is hoped he will soon be released.
Magistrate Cynthia Toose said it was not the first time Cashmore had refused a breath test and she had other drink driving related prior offences.
She told Cashmore that if she drove again during her ban that she would virtually be sentencing herself to a jail term.
The magistrate said that even though the offence was committed on private property, Cashmore had been required to do the alcohol breath test and most people knew that quad bikes were extremely dangerous.
Police said that Cashmore's driver's licence expired in March this year and after a court hearing on May 8 she was disqualified from driving for five years and placed on a community corrections order.
On June 20 Cashmore was riding a Honda quad bike in a driveway at Whiskey Creek Road in East Nirranda.
Shane Bentley was a pillion passenger when at 8.15am Cashmore turned right at the end of the driveway.
Mr Bentley was ejected from the quad bike and suffered serious head injuries.
Cashmore called emergency services, Bentley was placed in an induced coma and then flown to The Alfred Hospital in Melbourne where he required surgery and ongoing treatment.
When police requested that Cashmore undertake an alcohol breath test, she said: "go away. I'm f...ed anyway, go away" before then refusing to talk to the officer.
Defence counsel Alex McCulloch said the accident victim had been holding onto a coffee when Cashmore hit a pot hole and he fell off the quad bike.
He said Cashmore refused the breath test at the time because she was in great distress.
Mr McCulloch said his client was complying with her current corrections order.
In May Cashmore pleaded guilty to drink driving, refusing an alcohol test, speeding and careless driving after two incidents.
She also has a prior conviction after being caught drink driving at almost five times the alcohol limit - .241.
Police caught Cashmore speeding at 113km/h along the Timboon-Port Campbell Road at 1.43pm on February 4.
She recorded a blood alcohol reading of .179 and when asked her reasons for speeding and drink driving, Cashmore just shook her head.
On November 17 last year Cashmore was driving a black Holden sedan which was involved in a single-vehicle accident near Panmure.
She was found lying across the front seats of the car, an ambulance was called, but Cashmore said she didn't want police notified.
When police officers did arrive, Cashmore tried to leave the accident scene.
She smelled strongly of alcohol, was staggering, police officers took her keys and she refused to do an alcohol test.