Shay Tuwhare Toa Smith, 28, was caught driving twice while on a disqualified licence.
Shay Tuwhare Toa Smith, 28, was caught driving twice while on a disqualified licence.

Jail warning for serial driving pest busted a fifth time

A DISQUALIFIED driver did not even meet the halfway mark on his sentence before he was busted behind the wheel twice.

Shay Tuwhare Toa Smith, 28, blamed his chaotic life for his costly decision to drive on Melbourne Cup Day after he was disqualified for four months from October 3.

Smith told police he thought the period had ended.

Just nine days later on November 22, police intercepted Smith driving in Birtinya, only two days after he was sentenced in the Caloundra Magistrates Court for his third drug driving charge of 2018.

On this occasion, Smith told police he remembered going to court, but claimed he was told his licence was current until he appeared in court again.

Smith pleaded guilty to both disqualified driving charges in the Caloundra Magistrates Court on Tuesday.

His defence solicitor Rowena Ferrall said her client did not make excuses for his "irresponsible and foolish" decisions.

She told the court at the time Smith had recently experienced a marriage and family breakdown, and had turned to drugs and alcohol to cope.

His house had also burnt down late last year in non-suspicious circumstances, which exacerbated the difficult situation for the father of three boys.

Magistrate Stephanie Tonkin said, in Smith's favour this time, he did not have drugs or alcohol in his system, which suggested he had some success in sobriety.

Smith was fined $1000 and disqualified from driving for two years for his first offence, and a fined $1500 and disqualified for 30 months on the second offence.

Both periods are to be served concurrent.

Magistrate Tonkin warned if Smith even moved a car, his licence would be automatically disqualified for up to five years and he would very likely go to jail.



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