Bendigo drink-driver pleads guilty after incident with police officer

Brendan Gallagher, 35, appeared in the Bendigo Magistrates' Court on Friday where he pleaded guilty to 14 charges including recklessly exposing an emergency service worker to risk by driving.

The court heard in January 2018, Gallagher was disqualified from driving for a period of four years.

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On July 7 of that year, the 35-year-old created false documents to purchase a Holden Commodore from a person in Romsey.

Later that evening, Gallagher was driving along Webb Road in Nanneella, east of Rochester, when he lost control of the car.

The vehicle skidded for about 30 metres before it rolled over and crashed.

A bystander called police and officers arrived to find Gallagher a short distance away from the vehicle.

He underwent an evidentiary breath test, which showed a blood alcohol reading of 0.119.

Gallagher told police his friend had been driving the vehicle, although checks showed that person was in jail at the time of the crash.

The court heard on April 5, 2019, Gallagher was refused service at the Bendigo RSL due to being extremely intoxicated.

The 35-year-old left the Long Gully business, got into his silver Holden Commodore, and drove off.

A staff member at the RSL contacted police due to concerns about Gallagher's level of intoxication.

About 12.21am, police found Gallagher stopped at a red light outside the Bendigo Police Station on High Street.

Gallagher was seated in the driver's seat with the window down, so officers could see that his eyes were bloodshot and he was blinking a lot.

The police officer told him to pull over, but he wound up his window and ignored her.

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The police then activated their lights and parked their car in front of Gallagher's vehicle.

One of the officers got out of the car to approach him when Gallagher drove towards her, before speeding off down Thistle Street.

Police located him at a pub in Kangaroo Flat about 30 minutes later. Officers arrested him for being drunk in a public place.

The court heard Gallagher was argumentative with officers and refused to comply with a preliminary breath test.

He was interviewed at the Bendigo Police Station later that morning after he was given time to sober up. Gallagher denied all of the allegations.

A victim impact statement from the officer was read out to the court on Friday.

The officer said she had felt frightened for her safety during the incident, as well as frustrated at Gallagher's disregard for the law.

Magistrate Patrick Southey said it was "astonishing" that police granted Gallagher bail after the incidents.

Mr Southey said it was a "pure miracle" that Gallagher did not kill himself or anyone else.

Gallagher, who represented himself in court, told the magistrate he had remained mostly abstinent from alcohol since the 2019 incident.

He also told the magistrate he had not driven a car since the offending.

Mr Southey said while Gallagher "richly deserved" jail, it seemed like prison would ruin the progress he had made in the past two years.

The magistrate adjourned sentencing for two months so Gallagher could undergo a community corrections order assessment.

But Mr Southey disqualified Gallagher from driving for four years.

Gallagher's bail was extended to his next court date. His bail conditions include not being allowed to drink alcohol or attend a licensed premises.

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