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Breath test dodger gets a reprieve

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June 06, 2018

A KYABRAM woman who continued to drive drunk, while disqualified for five years for refusing a breath test, has been given a reprieve.

A KYABRAM woman who continued to drive drunk, while disqualified for five years for refusing a breath test, has been given a reprieve.

Leanne Kiselis pleaded guilty in Echuca Magistrates’ Court to two counts of refusing an evidentiary breath test and theft.

Kiselis refused to accompany police to the station for an evidentiary breath test twice last year; on Lancaster-Mooroopna Rd, Undera, on November 8 and McCormick Rd in Kyabram on December 29.

Both times her breath smelt of alcohol and the initial tests came back positive.

Checks revealed her licence was cancelled for five years from September 9, 2015, for refusing an evidentiary breath test.

The court heard Kiselis also stole $20 worth of petrol from the Coles Express service station in Mooroopna on September 16 last year by filling up her car and not paying, before going back to pay for it a month later.

Duty solicitor Glenn Cooper agreed his client had an appalling driving history and long criminal history. ‘‘She’s aware imprisonment is much within range as these are serious matters,’’ he said. ‘‘The theft is at the lower end of the scale.’’

Mr Cooper said Kiselis had been on a methadone program for 20 years after long-term issues with heroin.

‘‘She’s had a traumatic history of abuse, multiple abusive relationships, drug use and mental illness,’’ he said.

Mr Cooper urged magistrate Sarah Leighfield to have Kiselis assessed for a community corrections order and defer sentencing so his client could focus on rehabilitation. ‘‘I would ask you to further adjourn it to ensure she’s staying on the right track,’’ he said.

Police prosecutor Senior Constable Dave Rennie said another CCO would set her up to fail.

‘‘The community expectation for a person with her history and general deterrence would seek a jail term,’’ he said.

Ms Leighfield deferred sentencing to July 24.

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