A convicted drug driver accused of swapping seats with a passenger after he mouthed 'f---' and smacked his forehead when police saw him has been granted bail to attend his struggling business and health appointments.
Jamie Damien Millard, 40, appeared via phone in the ACT Magistrates Court on Friday charged with drug driving, unlicensed driving and failing to stop for police.
At the time of the alleged offending on December 31, Millard, who the court heard has six drug driving convictions, was on bail in which conditions included not to drive.
He has pleaded not guilty to the charges and is set for an August hearing.
Prosecution documents tendered to the court state about 3.35pm on December 31, police were outside Millard's Nicholls home where they saw him enter the driver's side of an Isuzu truck.
They also saw a woman entering the passenger's side before they followed the truck into Gungahlin where they stopped next to it.
Police allege the driver was Millard because they had "a clear and unobstructed view into the cabin of the truck".
Police then directed Millard to stop on the other side of an intersection.
"The defendant acknowledged the police direction by mouthing the word 'f---k', smacking his hand into his own forehead and nodded in response," court documents state.
Millard then allegedly mounted the median strip, stopped then sped off.
Police followed the truck, which allegedly swerved side to side and collided with a gutter.
Officers then saw via the truck's side mirrors that Millard and the woman allegedly swapped seats before the truck stopped.
He then tested allegedly positive to a drug and checks showed his driver's licence expired in February 2019.
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In court, defence lawyer Sally Boxall applied for bail based on personal circumstantial factors.
Ms Boxall said her client's small landscaping and earthmoving business was in a "dire financial" position because of him being in custody and a shoulder injury he suffered in 2020.
She said he needed to see the hospital for chest pains, his partner was also suffering from health issues and there were two partially completed jobs.
"There are some compelling personal circumstances in terms of things he needs to do to get his business back on track," Ms Boxall said.
"They're a month behind rent as well and if they're unable to complete these two jobs, that certainly won't be able to be paid, either."
Prosecutor Angus Brown opposed bail on the likelihood of being charged with committing further offences and endangering the community.
Mr Brown said the most recent charges showed Millard's conduct posed "a significant danger to others".
"The driving can be at best described as erratic ... exacerbated by the fact that the defendant is alleged to have switched drivers," he said.
"Complete disregard for the orders imposed in court and willing to take extreme measures to avoid responsibility."
Mr Brown said the hardship Millard was facing while in custody was "a natural consequence" and the truck being Millard's work vehicle must also be considered with the prosecution's concerns.
Magistrate Glenn Theakston granted bail, saying while there was a clear risk Millard may drive again because of his business, it was not a case involving frequent driving against orders.
Mr Theakston warned Millard if he was charged again or breached bail, he would be arrested "very, very quickly".
Following his arrest for the alleged December 31 offences, he was initially denied court bail on January 3.
Millard had pleaded guilty to another set of driving charges from an incident in April 2020 and will be sentenced in March.
