A DISQUALIFIED driver caught behind the wheel has been convicted, put off the road for six months and fined $1000.
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John Jake Bird, 20, of Barker Circuit in Kelso, appeared before magistrate Catherine Follent in Bathurst Local Court.
His solicitor, Lucien Gration, told the court it wasn't Bird's manner of driving that caught the attention of police.
"It was a random breath test, and he was upfront with police," Mr Gration said.
Mr Gration also said his client had pleaded guilty at the first opportunity and had a strong need for a licence, suggesting the matter could be dealt with by way of a CRO (community release order).
However, her honour said it was her preliminary view a CRO was "not within the range".
Police facts tendered to the court told how Bird was stopped for a random breath test on the Mid Western Highway on December 11 last year.
Police approached Bird and asked for his licence and he immediately admitted he didn't have one, according to the police facts.
When asked further questions about his licence, Bird told police he was disqualified. When asked how long he'd been disqualified, he said "a couple of months", according to the police facts.
He said he was driving as he needed his licence for work.
When asked for identification, he gave officers a P2 driver's licence.
A roadside breath test produced a negative result and checks on Bird's licence revealed it was disqualified from November 18, 2019 for seven months until May 5, 2020 for the offence of mid-range PCA.
In sentencing, Ms Follent took into account Bird's early plea, which she said entitled him to a 25 per cent discount on sentencing, which was reflected in the fine.
She said his track record, which included a mid-range PCA, "was not good", but he was a person of otherwise good character, with good prospects of rehabilitation.
She said she didn't consider a CRO appropriately reflected the gravity of Bird's conduct.
