Suspended sentence lifted

A JINDERA man who had received a suspended three-month sentence for disqualified driving has had the penalty reduced to a bond for nine months.

Judge Geoff Graham made the change after an appeal in the District Court in Albury.

The man is now 18, but had been sentenced in Albury Children’s Court after pleading guilty to driving within the special range prescribed concentration of alcohol and disqualified driving.

He had been disqualified until November 6 last year for a previous offence of special range drink-driving.

He was released on bail on September 25 last year with a 6pm to 6am curfew and a condition he abstain from alcohol.

On October 8, police learned he was breaching the curfew and drinking alcohol.

Officers tried to stop a vehicle about 3am on October 14 and the four occupants ran off after the vehicle stopped.

The man was driving the vehicle and was chased on foot by police, but he escaped from them.

One of the other occupants of the car was apprehended and identified the driver.

The vehicle was owned by a woman, and when police spoke to her she admitted allowing the banned driver to use it.

Police continued patrolling the area and saw the man crouched down and hiding in bush near Fairview Drive.

They arrested him and found keys to the car in his pocket.

A later breath analysis provided by him gave a blood alcohol reading of 0.043.

The man admitted he had started drinking a bottle of bourbon about 11am the previous day and continued drinking it during the day.

The arresting officer said the man made no apology nor showed any remorse after his arrest.

Solicitor Tim Hemsley told Judge Graham the man was not appealing an $800 fine and 12-month driving ban for drink-driving.

Mr Hemsley said the appeal was against a three-month suspended sentence for disqualified driving.

Judge Graham allowed the appeal and varied the penalty and placed the man on a nine-month bond.

He ordered the man to have supervision from the Probation and Parole Service, attend treatment and counselling for substance abuse and submit to urine analysis if required.

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