THE driver of a car that collided with the vehicle of a learner driver and their instructor in Werril Street last year has been banned from driving for two years.
In Swan Hill Magistrates’ Court on Tuesday, 31-year-old Swan Hill resident Vilimoni Drua admitted to having consumed alcohol before he was involved in the collision.
The incident occurred on November 12 when Mr Drua and his passenger were travelling east on Werril Street.
At about 2.35pm their vehicle collided with a vehicle heading west.
Mr Drua was observed to be driving at an excessive speed on the opposite side of the road before he lost traction and fishtailed across the road.
It was alleged that Mr Drua’s 2004 Ford Falcon sedan had drifted into the oncoming lane before the collision, resulting in the SUV flipping onto its left side and breaking through a residential fence.
The accused’s vehicle spun out before it ended up on the opposite side of the road facing south-west.
The flipped car contained three occupants aged in their 50s who had been participating in a driving lesson.
All three were helped out of the vehicle by witnesses to the collision.
The three victims sustained injuries including fractures to the sternum, radius, ulna and ribs, as well as brain bruising and multiple abrasions and contusions.
Two of the victims and the accused were transported by Ambulance Victoria to Swan Hill hospital while the third victim made their own way to the hospital after being assessed.
After assessment by Ambulance Victoria, it was judged that the accused’s condition meant he was unable to undergo a preliminary breath test at the scene.
Police organised the taking of blood at Swan Hill Hospital, where a sample was taken from the accused that afternoon and sent for independent laboratory analysis,
Analysis indicated Mr Drua did not have a blood-alcohol level of less than 0.128 at the time of the collision.
Swan Hill Highway Patrol attended the scene, where yaw marks created by the accused’s vehicle were used to determine that it was travelling at about 85.2km/h in the 60km/h zone.
Mr Drua attended Swan Hill Police Station on February 5 this year, where he was arrested and placed in an interview room.
With the assistance of a Fijian interpreter participating by phone, Mr Drua was interviewed by Swan Hill police before he was charged and bailed to appear at Swan Hill Magistrates’ Court.
VicRoads records showed that Mr Drua did not hold a Victorian driver’s licence on the day of the incident, nor had he ever held a licence in Victoria.
In court, Magistrate Megan Aumair told Mr Drua he was “very fortunate” the court was not considering a term of imprisonment for his actions.
“These summaries give me shivers,” Magistrate Aumair told the accused.
“Your actions are unacceptable, and they could have killed someone.
“It makes me sick and afraid to know that people are driving in this manner on our roads.”
Mr Drua’s defence counsel said his client had shown “great remorse” for his actions and was aware of the impact they had had on the victims.
The defence counsel described Mr Drua as a man who attended church every week and who sent money back to Fiji to provide for two of his children.
Counsel told the court that Mr Drua had consumed alcohol only once since the incident and that the accused’s actions last November had been out of character.
Mr Drua is now prohibited from holding a driver’s licence until July 2026.
