Jail for banned driver

Updated November 7 2012 - 2:24am, first published July 2 2010 - 12:15pm

A KANGAROO Flat man who borrowed a friend’s car to drive his drunk friend home from a party has been sentenced to jail because he was a disqualified driver.The car’s owner also faces losing his vehicle for up to three months, as it was the second time the man had been stopped while disqualified and behind the wheel of a car in the past three years.Michael Leigh Pelling, 24, pleaded guilty in the Bendigo Magistrates Court to disqualified driving, drink driving and giving a false name and details to police.Pelling, the court was told, drank four cans of rum and cola before jumping into the driver’s seat in the early hours of March 28.At about 1.15am he was pulled over by police in Houston Street, Flora Hill and asked to show his licence.Prosecutor, Leading Senior Constable Dave Somerton, said Pelling was unable to hand over his licence, telling police he must have left it at home. He also gave police his brother’s name.However, Leading Senior Constable Somerton said officers were able to identify Pelling after he fumbled through his wallet and an old learner’s permit became apparent.“He initially claimed the permit was his brother’s, before admitting his identity and that he was disqualified,’’ Leading Senior Constable Somerton said.A preliminary breath test also indicated Pelling had been drinking and he was asked to accompany police to the station.He later blew 0.035 per cent.During the plea the court was told the owner of the vehicle had handed his keys to Pelling’s girlfriend, however, she was too drunk to drive so Pelling decided to get behind the wheel instead.Pelling’s licence had been disqualified by the Bendigo Magistrates Court for 26 months in January 2009.However, the court heard he was simply looking out for the safety of his partner who wanted to leave the party.The owner of the vehicle was not in court.Pelling was sentenced to three months’ jail suspended for 12 months. His licence was also suspended for a further 12 months and he was fined $1250.Magistrate William Gibb adjourned the police application to have the car impounded until August.

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