A BENDIGO drink-driver who refused to undergo a second breath test has been taken off the road for four years.
Jamie Harold Nugent, 53, was sentenced in the Bendigo Magistrates' Court on Thursday after pleading guilty to charges of refusing to comply with police direction.
The court heard on April 3 this year, there was a breath testing site set up on Fenton Street in Bendigo.
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Nugent entered the site about 2.20pm and underwent a preliminary breath test, which showed the presence of alcohol.
He was told he needed to undergo a second breath test and he was initially compliant with officers.
The court heard he asked police if he could drop his dog off at his nearby property. He then started to drink more alcohol, but the officers told him he was not allowed.
The court heard Nugent's demeanour changed and he refused to comply with a second breath test.
The police officers told him about the consequences of such actions but Nugent continued to refuse a second test.
Defence lawyer Robert Timms told the court Nugent was an alcoholic who drank half a bottle of whiskey per day.
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Mr Timms said Nugent had already spent about four months in prison last year on separate charges, which helped him cut down his alcohol intake.
The defence counsel submitted a community corrections order would be within range for sentence so Nugent could receive help for his alcohol addiction.
Magistrate Patrick Southey said the offending was "extraordinarily serious", especially considering the man's prior convictions.
But Mr Southey said it was important that Nugent received support for rehabilitation for his own sake but also for the protection of the community.
"If you want to drink yourself to death, there's not much we can do," the magistrate said. "But don't drink and drive or you will kill someone."
Nugent was convicted and sentenced to a two-year community corrections order. Under the order, the 53-year-old will be supervised and have to complete treatment and programs for alcohol abuse.
Nugent's licence was also cancelled and he was disqualified from driving for four years.
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