A motorist who got behind the wheel after he was caught drink-driving at three times the legal limit has been fined and banned from driving for two years.
Michael John Shaw, 46, pleaded guilty in the Bendigo Magistrates' Court to exceeding the prescribed concentration of alcohol within three hours of driving, driving while suspended and refusing to provide a preliminary breath test.
The court heard Shaw was intercepted in Delahey in Melbourne on February 21, where an evidentiary breath test returned a reading of 0.163. He was given a notice of immediate licence suspension.
But then on July 3 this year, about 7.20pm, police observed a vehicle driving in California Gully.
The headlights were turned off and the driver turned down another street.
Police pulled the car over but Shaw refused to undertake a preliminary breath test, even when the penalties were explained.
He told police he was "going to jail anyway".
The court heard Shaw had no prior driving convictions.
Magistrate Sarah Leighfield convicted and fined Shaw $600, noting she would have included these offences in the community corrections order to which she had earlier sentenced him for other offending, had they been dealt with at the same time.
Shaw's licence was also cancelled and he was disqualified from driving for two years, the mandatory minimum for refusing a breath test.
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