Oh brother! Wrong name tactic leads to jail term
KNOWING full well he shouldn't have been driving at all, disqualified driver Troy John Stubbs gave his brother's name to police when pulled over driving on Greenwattle St on the afternoon of January 13.
However, that tactic back-fired when police checks found there was an arrest warrant out for his brother and Stubbs was taken into custody, Toowoomba Magistrates Court heard.
He maintained the name "Luke Stubbs" even when taken to the Toowoomba Police Station watch house where his fingerprints were taken and which established his true identity as Troy John Stubbs, police prosecutor Senior Constable Alistair Windsor told the court.
Police computer checks of Troy Stubbs' driving record found he had been disqualified from driving for two years by a New South Wales court in September last year for a previous similar offence.
The 31-year-old pleaded guilty to driving while disqualified and to obstructing police (by giving an incorrect name which wasted police time and resources).
His solicitor Phil Stainton told the court his client had moved to Toowoomba to be closer to his children who lived with their mother.
On the day he was pulled over by police, he had been driving his children between his and their homes, he said.
He had since moved closer to his ex-wife's home so he could walk to see his children, Mr Stainton said.
His client had gone through significant issues since the break-up of his marriage but he was now getting his life back on track, he said.
Magistrate Damian Carroll noted Stubbs had six pages of traffic history including a series of unlicensed driving offences but this had only been his second disqualified driving offence.
Mr Carroll sentenced Stubbs to five months in prison but ordered he be released on parole immediately and disqualified him from holding or obtaining a driver's licence for two years.
On the obstructing police charge, Stubbs was fined $400.