A MORTLAKE P-plater who refused an alcohol breatt test after a couple of beers on April Fool’s Day has been banned from driving for four years.
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Dale Hannabury, 26, pleaded guilty in the Warrnambool Magistrates Court to refusing an alcohol breath test and breach a community corrections order.
Police said that on April 1 Hannabury was driving a Ford Futura on the Hamilton Highway at Mortlake when he was intercepted by a police officer.
He was a P-player, tested positive to alcohol but refused to accompany the officer back to the police station to undertake an evidentiary breath test.
Hannabury told the officer he had two cans of beer 10 minutes before driving.
Defence counsel Ian Pugh said his client had intended to fight the charge but pleaded guilty after negotiations.
He said a medical report put things into perspective.
Magistrate Cynthia Toose said Hannabury had done pretty well on his existing community corrections order and completed all his community work.
He is having ongoing counselling and still has to undertake a men’s behaviour change program which starts in March.
Ms Toose said the mandatory period of licence disqualification had to double due to Hannabury‘s prior offence of failing a driver drug test.
She said it was clear that at the time of the offending Hannabury had concerns abouthis partner and their children.
Hannabury was convicted and fined $800 and his driver’s licence was cancelled for four years.