A man who refused to accompany police to the police station for a drug test three times and was driving without a licence four times has been placed on a community corrections order which includes 120 hours of community work.
Jacob Edward Downes, 28, of Shepparton, pleaded guilty in Shepparton Magistrates’ Court to three counts of driving while suspended, one of driving while disqualified, two counts of speeding, three counts of refusing to accompany police for an oral fluid test and failing to answer bail.
Prosecutor Leading Senior Constable Brent O’Grady told the court police found Downes driving on a suspended probationary licence when they pulled him over on January 11, 2020.
After a preliminary drug test indicated a positive reading to drugs, Downes also refused to accompany police to the police station for an evidentiary oral fluid test, telling police “I’ll sort it out at court”, Leading Sen Constable O’Grady said.
The court heard when asked by police about any drugs in his system Downes said it was “probably the speed I had a couple of days ago”.
In a separate incident, police pulled Downes over on the Midland Hwy at Stewarton after they clocked him speeding at 117km/h in a 100km/h zone on February 3, 2020.
He was also driving on a suspended licence, which he told police he did not know was suspended.
Again he refused to accompany police to the police station for a evidentiary oral fluid test after a preliminary test indicated a positive reading to drugs.
On February 7, 2020, he was caught driving without a licence in Marungi St, Shepparton, and again told police he did not know it was suspended.
The court heard Downes clocked on a police radar doing 94km/h in a 60km/h zone along The Boulevard in Shepparton on February 22, 2020.
His licence was suspended at the time and he again refused to accompany police for a drug test at the police station after testing positive on the preliminary test.
Downes’ solicitor Ian Michaelson told the court there had been no further offending since this time.
He said Downes had a “significant drug problem” at the time but was now clean after having spent four months in a program at The Cottage.
In sentencing Downes to a community corrections order, magistrate Peter Mithen said there was a “willfulness’’ to Downes being caught driving suspended so many times and continually telling police he did not know he was.
He was sentenced to a 12-month community corrections order, which includes 120 hours of community work.
Mr Mithen ruled that 30 hours of time spent in treatment and programs for drugs, mental health and programs to reduce reoffending could be credited towards the community work hours.
Downes was also disqualified from driving for two years.