Rosebud driver who refused breath test gets 3 year ban
AN UNLICENSED driver who refused to take a breath test because he had to go to the doctors has been prescribed three years off the road.
South East
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AN UNLICENSED driver refused to take a breath test because he said he had to go to the doctors has been prescribed three years off the road.
Rosebud man Craig Rudolf Rochus pleaded guilty to unlicensed driving and failing to accompany police at Frankston Magistrates’ Court on August 14.
The court heard the 51-year-old was seen driving along Peninsula Link in Frankston at around 12.45pm on September 26 last year.
He was pulled over, as his licence was flagged as expired.
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He had been disqualified and had failed to reapply for another licence.
When officers asked him for a preliminary breath sample, he obliged, and recorded a positive.
But when requested he go back to Frankston Police Station for an evidentiary test, he refused, saying he needed to go a doctor’s appointment and didn’t have time.
Representing himself in court, Rochus said it was true, he did have to go to the doctors.
He said he wouldn’t drive while unlicensed again, as his car was now unregistered and sat in his front yard with a “for sale” sign on it.
The court heard he had six pages of criminal priors, including for burglary and theft, and “a lot” of driving indiscretions in his past, including drink-driving and driving while suspended.
Magistrate Dominic Lennon said Rochus was a recidivist and he had reached a point where fines were no longer a deterrent.
“It is a serious offence, refusing to accompany,” Mr Lennon said.
“You know you would have blown a high reading.”
Rochus was sentenced to a 12-month community corrections order, and must undergo drug, alcohol and mental health counselling.
He was also disqualified from holding a driving licence for three years.
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