An ‘ongoing family feud’ has resulted in a 62-year-old Collie man being fined $2900 and banned from driving for 18 months.
David Holmes Scott appeared in the Collie Magistrates Court on Wednesday, September 12, where he pleaded guilty to several charges related to an incident in May.
During his court appearance, Scott pleaded guilty to charges of reckless driving, failing to stop after being involved in a car accident where property was damaged and failing to report the accident to police.
He also pleaded guilty to two charges related to his refusal to provide police with a breath sample after the incident.
Police prosecutor Sergeant Barry Phelps told the court that on the morning of May 19, Scott had been involved in an argument with a family member.
Sergeant Phelps said as a result of the altercation with the family member, Scott got into his vehicle and deliberately rammed it into the victim’s car, which was parked on the verge at the front of the property on Throssell Street.
Sergeant Phelps said Scott then drove his vehicle into a second car that was parked on the verge before fleeing the scene.
He said Scott was spoken to by police in relation to the incident at his home later that morning.
At the time, police requested Scott provide a breath test to see whether he had been under the influence of alcohol, which he refused.
Sergeant Phelps said Scott also refused to provide breath for analysis once he had been taken to the police station for questioning.
Scott told the court that the incident had occurred ‘as a result of a long running family feud’ that had ‘exploded’ that morning.
He said he hadn’t stopped after the crash because it had been a deliberate action and the victim was aware that he had caused the damage.
Scott also said he had refused to take a breath test when requested by police because he was still ‘so angry’ about the incident at the time.
Scott told the court he was ‘old-fashioned’ and had dealt with the situation accordingly, but conceded what he had done was wrong and that he ‘had been a naughty boy and needed to be punished for it’.
He also told the court he hadn’t been able to drive since the incident after suffering a serious back injury at the time.
Magistrate Brian Mahon said he accepted Scott’s explanation of the event and said his actions showed ‘poor judgment’.
However Mr Mahon said he was convinced the incident was out of character and Scott was unlikely to recommit a similar offence.
He also said in deciding the sentence that he had given Scott credit for accepting responsibility for his actions and pleading guilty to the charges at the earliest available opportunity.
Scott was handed a $600 fine for the reckless driving charge, two $200 fines for failing to stop and report the accident to police, a $300 fine for failing to take a preliminary breath test and a $1600 fine for refusing to take a breath test at the station.
Scott also received two six-month driving disqualifications for the reckless driving offence and the failing to provide breath for a preliminary test offence.
Mr Mahon said those periods would be served concurrently with the 18-month driving ban he received for failing to take an alcohol breath test.
