Daniel Marshall O’Rourke, 31, of Swan Street, appeared for sentencing in Albury Local Court after the preparation of a pre-sentence report.

He was deemed unsuitable for community service work.

Solicitor Mark Cronin said O’Rourke, a mechanic, was off work with mental health issues which he was suffering at the time of his offending.

“His responses to police were both direct and bizarre,” Mr Cronin said.

Magistrate Tony Murray said O’Rourke was released by police after his first drink-driving offence and went basically straight back in the car in a deliberate breach after having his licence suspended.

“I don’t think it is appropriate at this time to impose a jail term,” Mr Murray said.

O’Rourke was fined $800 and banned for six months for the first matter.

He was put on two-year bonds, fined $900 and disqualified for two years on the second drink-driving offence and for driving when suspended.

Police saw O’Rourke driving out of the car park at the Northside Hotel in Lavington about 8.25pm on February 28.

They followed him to Mate Street where they stopped him for a random breath test.

When O’Rourke got out of the driver’s seat, he bluntly told officers: “Just arrest me. I’m over. Get on with it”.

At the police station he registered 0.088.

Police suspended his licence, gave him a court attendance notice and let him go.

After leaving the station, he went to the Star Hotel where he had more to drink before calling his mother to collect him.

Police were driving along David Street about 11.50pm when they saw a car parked on the side of the road with its headlights on.

As they drove past, they recognised the smell of burnt rubber commonly associated with burnouts.

When they returned to check on the car, O’Rourke drove off and police again pulled him over.

He appeared to motion something when stopping and swore at police.

He was asked for his licence and said: “You police have it. I just got out for drink-driving before and they took it off me.”