Tristan Michael Bernay in court for bail breach at Jubilee Pocket

A Whitsunday man’s reliance on taxis to get him home after a night out has proven a poor decision under time pressure.

Tristan Michael Bernay pleaded guilty to breach of bail conditions. Picture: Facebook

A Whitsunday maintenance man has blamed Airlie Beach’s slow taxi service for an offence that sent him to the lockup.

Tristan Michael Bernay, 24, spent a night in custody after his court-ordered ankle monitor ran out of battery while he was out with a friend, and he failed to get home to charge it before police came knocking because, he claimed, the cab kept him waiting.

Proserpine Magistrates Court heard wearing the ankle monitor, and keeping it charged including for at least two hours a day continuously, were conditions of bail Bernay agreed to on August 13.

Police prosecutor Sergeant Emma Myors told the court the tracking device company contacted Bernay at 1.48am and again at 2.12am on September 26 to inform him the device was low on battery and to charge it as soon as possible, then notified police when he had failed to charge it by 2.35am.

Gardening and maintenance worker Tristan Michael Bernay appeared in the dock at Proserpine Magistrates Court after his September 26 arrest. Picture: Facebook

Defence solicitor Elizabeth Smith told the court her client had made multiple attempts to get a taxi to pick him up after being informed about the low battery, but experienced lengthy delays each time.

Ms Smith said the police and the taxi both arrived at Bernay’s Jubilee Pocket address at the same time.

“He tried to use the 13 Cabs app and waited over an hour and then when that wasn’t successful, he rang a taxi and that took quite some time to arrive,” Ms Smith said.

“As police attended, the taxi was pulling in – so he was on his way home.”

Bernay pleaded guilty to breaching his bail conditions. Picture: Facebook

Sgt Myors said Bernay was on a suspended sentence for breach of bail at the time of the offence and called for the sentence to be activated because of “persistent noncompliance” with bail conditions which suggested he was “just not taking it seriously”.

She said Bernay admitted to police he had waited until 2.55am before calling a taxi.

Acting Magistrate Rob Turra said Bernay’s history suggested he had “little regard” for bail conditions, but acknowledged the circumstances were different on this occasion.

“I do consider it was perhaps lack of attention to requirements and then you were placed in a position where you just couldn’t get back to get your charger,” Mr Turra said.

Mr Turra sentenced Bernay to pay a $600 fine and extended the operational period of his suspended sentence by six months, warning him he would face “severe” penalties for any future breaches.

“Your chances of getting bail if you reoffend are reduced significantly because you just can’t be trusted,” Mr Turra said.

A conviction was recorded.