Appeals fail to get licence returned for drink drive refusal

A MAN who refused a breath test and challenged his disqualification all the way to the Supreme Court has failed to have his licence returned.

Nick Toner lost his licence for four years in the Myrtleford Magistrates Court a year ago and was fined $750.

That was followed by an appeal to the County Court then a recent review in the Supreme Court, which was unsuccessful.

Police had been called to a home in Myrtleford by Toner’s mother on July 28, 2016.

She was concerned had driven away from her property after drinking. 

Two officers found him near his parked car, with the keys in the ignition, and demanded he go back to the police station.

The bonnet of the car was warm and he appeared to be alcohol affected, and was possibly dancing.

Toner refused to go back and was charged with failing to undergo a breath test.