A MAN accused of having heroin in his possession after he allegedly crashed a car on the Calder Freeway has been granted bail.
Maldon man Mark Sinclair, 52, made the application in the Bendigo Magistrates' Court this week after he was charged with offences including careless driving and possessing a drug of dependence.
The court heard about 10.30pm on September 9, Mr Sinclair was driving his Mitsubishi Magna north on the Calder Freeway.
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He was in a 110km/h zone in Gisborne South when he allegedly swerved right and collided with a barrier.
The vehicle came to rest on the left-hand side of the road and a passer-by called 000 a short time later.
Police arrived on scene about 11.10pm. The court heard Mr Sinclair allegedly appeared drug-affected and sleepy.
Officers searched his car and allegedly found two ziplock bags with 1.31 grams of amphetamines and 2.02 grams of heroin.
Mr Sinclair was arrested and taken to the Kyneton Police Station for questioning. The court heard he made some admissions in his police interview.
Senior Constable Dave Rennie said Mr Sinclair was already on bail for drug trafficking charges at the time of the alleged offending.
The prosecutor said Mr Sinclair should not be granted bail because his bail address was unsuitable and the 52-year-old would be facing significant jail time if he pleaded guilty or was found guilty.
But defence lawyer Josh Harris told the court Mr Sinclair had been deemed suitable for the Court Integrated Services Program, which would help him with any drug abuse issues.
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Mr Harris said his client had support within his community and had lived at the bail address for the past six years.
The defence lawyer said Mr Sinclair also had a three-year-old Belgian Shepherd at home and he was distressed that he was separated from the dog while in custody.
Magistrate Alan Spillane said bail was a "line-ball question" because Mr Sinclair still posed a risk if he was released from custody.
But Mr Spillane said he would grant bail "a little reluctantly".
The magistrate said CISP would be able to provide Mr Sinclair some assistance and his bail address was stable.
As a condition of bail, Mr Sinclair will not be allowed to possess or use a drug of dependence.
The 52-year-old is due to appear in the Castlemaine Magistrates' Court next month.
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