Repeat law breaker caught driving disqualified for 8th time
A MAN who continuously refused to abide by the law has narrowly avoided imprisonment for his sixth driving while disqualified charge throughout the past five years.
Nicholas Harley Derrick, 29 fronted Roma Magistrates Court on Tuesday, facing four charges including driving without a licence disqualified by a court order, not wearing a helmet and driving unregistered and uninsured.
Police prosecutor sergeant Heather Whiting told the court on September 19, 2019 at 6.15pm Derrick was intercepted on Downs St, after seeing police he ceased riding and pushed the motorbike onto a nature strip.
The court heard during questioning Derrick stated the motorbike didn’t belong to him and he was doing some work on it.
Checks revealed Derrick’s licence had been disqualified in a court order on May 2, 2018.
The court heard Derrick had had five disqualifications in the past five years and been sentenced to the maximum term of imprisonment of 18 months on May 2, 2018.
The court also heard James had been sentenced to nine months imprisonment in August 2016 for two charges of disqualified driving and in October 2014 also faced court on disqualified driving and drug driving charges.
In 2012 and 2013, Derrick was also sentenced for disqualified driving charges.
The defendant’s lawyer, L Reid told the court Derrick had recently moved to Toowoomba where he gained full time employment and was trying to turn his life around.
The court heard Derrick was supporting three children from a previous relationship, three of his partner’s children and two children they currently have together.
“He has no temptation to get in the car and drive because his work is where he lives,” Ms Reid said.
Derrick pleaded guilty to all charges.
“There is really no other sentence than imprisonment,” Magistrate Saggers said.
Magistrate Saggers activated a previous suspended sentence of six months minus one days in full, as well as a further 18 months to be served concurrently.
James was given an immediate parole release date.
For driving uninsured and unregistered, James was fined $250 for each and for not wearing a helmet he was fined $100.
James was also disqualified from driving for five years.
“You have an opportunity. You have all these people you are committed to,” Magistrate Saggers said.
“Don’t let them and yourself down.”