Police forced to withdraw refusing alcohol breath test charge that was served late

Blair Hetherington, 23, pleaded guilty in the Warrnambool Magistrates Court on Monday to evading police during an incident in February, but another charge was withdrawn.

Police officers originally laid a charge of drink driving, then altered the charge to refusing an alcohol breath test, but that charge was laid a day outside the permitted time and the charge had to be withdrawn by police at court.

Police alleged that on the afternoon of February 9 they spotted Hetherington riding a Suzuki motorbike on Bank Street with no rear number plate.

Officers took up a position behind Hetherington with lights and sirens operating, who headed into Regent Street and then eventually Osmonds Lane.

Police estimated they travelled behind Hetherington for 400 metres during an incident which lasted about 40 seconds.

The motorbike was impounded, attracting towing and storage fees of more than $1300 and Hetherington's driver's licence was immediately suspended.

Asked his reason for failing to pull over, Hetherington said: "I've just been dealing with the police all week".

Lawyer Matt Senia said his client's number plate had been stolen.

Magistrate Franz Holzer then imposed a $300 fine and banned Hetherington from driving for four years.

That prompted Hetherington to say that ban would ruin his chances of becoming an ambulance paramedic.

After a short break, Mr Senia returned to court and clarified the remaining charges, which led to the magistrate changing the licence ban and imposing just a six-month loss of licence.

Hetherington was clearly relieved.

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