A MAN caught driving while disqualified three times has been spared a custodial sentence.
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But magistrate Michael Allen warned Mark Ivanoff that he would go to jail if he continued to defy court orders.
Ivanoff, 30, of Freestone Way, appeared in Bathurst Local Court last week facing three charges of driving while disqualified.
He was represented by barrister Bill Walsh, who told the court the first time his client was charged he wrongfully believed he was still able to drive.
Mr Walsh tendered an affidavit to the court explaining this, and asked Mr Allen to deal with the first matter by way of a Section 10.
Regarding the other two charges, Mr Walsh conceded his client was expecting a lengthy period of disqualification.
“So it’s not a case of getting off scot free, justice will be done,” he said.
In sentencing, Mr Allen told Ivanoff that “many of my colleagues would have closed their ears to Mr Walsh’s submissions and sent you off to jail”.
“Court orders are not made for fun.
“If you continue to disobey it then you will pay the ultimate price and be put behind bars.
“Your job, family and reputation will be trashed,” he said.
Mr Allen said he accepted Ivanoff was unsure if he could drive the first time he got caught, but said the obvious thing to do would be to make an enquiry with the RMS.
“On the second and third matter, you simply had to get to work and you took a chance and got caught.
“Don’t come back before this court drive while disqualified,” he said.
“You need to listen to Mr Walsh, the police and me. But the difference between not listening to them and not listening to me is, I can send you to jail,” he said.
The charge was dealt with under Section 10 (a), with Mr Allen disqualifying Ivanoff from driving for a further two years from the expiration of the current disqualification period.
On the second charge he was also disqualified for two years, fined $1000 and placed on a Section 9 Bond for 12 months, and on the third matter he was convicted and fined $800 and disqualified from driving for two years.
The disqualification periods are concurrent.