Driver did not pull over for police because he was worried he was ‘over the limit’

Prosecutor Leading Senior Constable Fiona Kennedy told the court police detected Gawne driving at 124km/h in a 100km/h zone in Turnbull Rd, Armona, at 7.40pm on April 10 last year.

The court was told he then failed to stop when police directed him to, instead driving off across the Midland Hwy.

A second car, which appeared to be travelling with Gawne, pulled over and told police who Gawne was, Leading Sen Constable Kennedy said.

The court heard when police spoke to Gawne later he initially denied driving, but later admitted it.

A breath test saw him blow 0.00.

Gawne told police the two vehicles had been travelling together and “I went to overtake him (his friend driving the other vehicle) because he was being slow,” Leading Sen Constable Kennedy said.

He also told police he did not stop because he was “worried he had been drinking in the afternoon and was scared he would blow over the (alcohol) limit”.

His car was impounded for 30 days at a cost of $1250.

Gawne’s solicitor Megan McKenna said her client, a grain grower and contractor at his family’s Ardmona property, had no prior convictions.

She said Gawne’s friend stopped because, as he was in between the police car and Gawne’s vehicle, he thought it was him that police were trying to pull over.

In fining Gawne $750, Magistrate Peter Mithen warned him there could have been more dire consequences to his actions.

“Your answer was it was just two mates being blokes, but plenty of times one ends up dead,” Mr Mithen said.

“If you’re on the road, it’s no venue for games.”

Gawne was disqualified from driving for six months, but no conviction was recorded by the court.