Repeat driving offender found slumped over wheel asleep
A REPEAT drug and drunk driver found slumped over the steering wheel of a vehicle with keys in the ignition and the car in drive mode has been told if he “thumbs his nose” at the law once more, he will go to jail.
Jarod Cobly Kershaw, 34, pleaded guilty on November 30 in Rockhampton Magistrates Court to one count each of driving under the influence, possess a dangerous drug, obstruct police, drug drive while holding a provisional licence and two driving unlicensed.
The offending breached a suspended sentence and a community service order.
Police prosecutor Julie Marsden said police were flagged down by a witness about an unresponsive male in a vehicle in Dean St, Frenchville, about 10.15am on October 9.
She said Kershaw was asleep in a vehicle in a car park, adjacent to other cars, with the keys in the ignition, the gear stick set to drive, the hand brake on and engine not running.
Ms Marsden said police managed to wake Kershaw, who looked up, blinking and looking around.
He had a clip-seal bag of marijuana on his lap.
Ms Marsden said police instructed Kershaw many times to get out of the vehicle, but he didn’t.
She said police had to force Kershaw out by grabbing his right wrist to which he reacted by tensing his body and attempting to break free by pulling his arms away.
Police intercepted Kershaw on East St on October 5 at 6.14pm, with passengers, while on a P licence, and he admitted to recent drug use.
He had methamphetamines in his system.
Kershaw was issued a notice of licence suspension on October 10 until his matters had been finalised.
However, CCTV picked him up driving on October 14 at 9am and again on November 7 at 3.44pm, driving into the Yeppoon shopping centre car park and driving out later those days.
Ms Marsden said Kershaw had a four page criminal record and for someone in their early 30s, should know better.
She said the criminal record included a dangerous driving conviction in 2016 for which he was disqualified from driving for 12 months and given a prison term.
Ms Marsden said he continued to drive with drugs in his system or while with a disqualified/suspended licence.
Defence lawyer Rebecca Harris said her client was living with his parents for six to eight months and he had been made redundant.
She said he was addressing his mental health issues – bipolar and drug induced psychosis – as well as his drug and alcohol issues.
Ms Harris said with regards to the Frenchville incident, Kershaw had been at the pub beforehand, left the pub, got in his car and fell asleep.
She said she was instructed he had made the decision to sleep in the car, and had slept in it during times of homelessness.
Magistrate Cameron Press gave Kershaw a head sentence of six months prison, wholly suspended and operational for two years, along with disqualifying him from driving for four years and eight months, two years probation, activated the suspended sentence which will be served concurrently and set immediate parole release.
Kershaw was also ordered to pay a $400 fine and complete 40 hours community service in 12 months.
“Your days of thumbing your nose at the law and driving are at an end,” Mr Press said.