Excuses such as "I'm not driving, I'm commuting" and "I don't need one (a licence) under human rights" did not protect a persistent Kyneton road offender from jail.
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James Bowling has been taken into custody with a prison sentence of four months for a stream of driving offences that the Kyneton Magistrates' Court heard had been adjourned "too many times before".
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Bowling appeared on August 15, 2023, on nine matters to which he pleaded guilty - including to charges of failing oral fluid tests, multiple charges of using an unregistered vehicle, failing to stop at a stop sign, driving without plates, driving with false plates and three counts of unlicensed driving.
Bowling's licence has also been disqualified for 48 months, he has been fined $2250 and if he drives again, Magistrate Michael Coghlan said he would face a penalty of up to two years in prison.
Bowling 'can't justify actions'
The breach of his previous community corrections order has been referred to the County Court.
Bowling told the court he is a full-time carer for his partner, is on a disability pension and also collects firewood to support himself.
The court heard some of Bowling's new driving crimes occurred the day before previous court appearances in the Magistrates' Court for other matters and also while he was facing charges in the County Court.
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Bowling told the court he has stopped driving since his last crime.
"I've had enough of it, I can't justify my actions, nor will I waste the court's time in trying to justify it," he said.
Man continues to put other drivers at risk
He was imprisoned for 44 days from December 2021 to January 2022 for previous driving offences but he has continued to put road users at risk since his release.
The court heard his recently driving offences included:
- January 23, 2022 - Stopped while driving by police. He told police, "I'm not driving, I'm commuting".
- March 4, 2022 - Driver of vehicle with cancelled licence at a BP service station. Later interviewed at his home. He told police he "never received any notification in relation to cancellation" and said "I don't need one under human rights".
- March 25, 2022 - Stopped while driving by police. They discovered his licence was disqualified.
- April 8, 2022 - In Kyneton, Bowling failed to stop at stop sign before being intercepted by police. Refused to complete an oral fluid test, was still unlicensed, was on bail and was breaking bail conditions by driving. His explanation was "thought it was give way".
- May 12, 2022 - Driving in vehicle with no registration plates on the rear while licence cancelled and on bail.
- July 29, 2022 - Intercepted driving in Malmsbury with cancelled licence, unregistered vehicle with no plates attached "to attend work".
- October 9, 2022 - Unlicensed driving in unregistered vehicle and failed an oral fluid test by testing positive for methylamphetamine. He told police he didn't know he had drugs in his system.
- February 17, 2023 - Unlicensed driving.
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Lucy Williams
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
