Neil Michael Miller, 54, of Regent Street, Port Fairy, pleaded guilty in the Warrnambool Magistrates Court to refusing an alcohol test and dangerous driving. 

He was convicted, fined $3000, banned from driving for two years and ordered to pay $12,711.50 compensation. 

Police said that at about 4pm on February 21 Miller was driving his Nissan Patrol west on the Princes Highway at Killarney.

A witness said he was weaving across the road before crashing into a bus turning right into the Port Fairy-Koroit Road.

Miller stopped momentarily and then drove off towards Port Fairy.

There had been significant damage caused to the bus and to the front of the Patrol and the airbags in the Nissan had also deployed, obscuring Miller’s view.

The witness continued to follow Miller who kept swerving over the road, was well outside the white lines and almost caused a head-on collision with a truck and trailer.

Numerous calls were made to police and a number of drivers followed Miller.

Smoke was coming out of his car and when he pulled up at his Regent Street home, he fell asleep with his head buried in an airbag. 

When police officers arrived, they noted that Miller smelled strongly of alcohol.

He was abusive and hostile and, in impolite terms, asked the officers to leave his property. 

He refused to undertake an alcohol breath test before puffing into the device gently. 

Miller also refused to go back to the police station for an evidentiary breath test. 

Police said that fortunately the 13 children and bus driver were not injured, but at no stage did Miller attempt to approach or assist the victims.

Magistrate Cynthia Toose said it was a concerning set of circumstances and could easily have led to a tragic outcome. 

She said there were 13 children on the bus as well as the driver and Miller had also swerved in front of of a semi-trailer, almost causing a head-on collision. 

“You were in no position to drive,” Ms Toose said. 

“I’m certain you gave yourself a fright. The outcome could have been tragic for the whole community."

Lawyer Adam Bellman said that prior to the accident, Miller and his wife had been in Thailand, both got a stomach bug and obtained medication.

On the day of the collision, Miller consumed two stubbies of beer and then went to a Warrnambool tattoo parlour between 11am and 1.30pm. 

Miller then went to the Whalers Hotel and had four pots of beer in 40 minutes before going back to parlour until about 3.30pm.

Mr Bellman said his client also took medication and thought he was right to drive. 

“He has a hazy recollection of his trip back to Port Fairy,” he said. 

“He was not in a state to render assistance even though he had only seven or eight standard drinks, but he also took medication and was still suffering from the effects of the stomach bug.

“He drove to just try and get home.”

Mr Bellman said Miller was painfully aware of the consequences of his driving. 

“He is remorseful for such appalling driving behaviour. The outcome could have been far worse,” he said. 

“He’s lucky to have not injured or killed another road user. His driving behaviour was atrocious. He accepts he made a poor choice,” he said.