CAR PROBLEM: Disqualified driver Toiva Burgess blamed 'baby rash' for his bad drive.
CAR PROBLEM: Disqualified driver Toiva Burgess blamed 'baby rash' for his bad drive. Ross Irby

Dad's 'baby rash' dash caught out by police

"MY BABY's got a rash" was the lame excuse that didn't wash with police when they pulled over a disqualified driver.

New dad Toiva Burgess was found driving in a Nissan Pathfinder SUV at 8.30pm in February. Burgess admitted to officers he did not have a licence as he was disqualified.

A court order had disqualified his licence for two years from October 22 last year.

"He says his baby developed a rash and had to leave with his baby and his wife," Sen-Const Carl Spargo said.

"But his wife says she had no knowledge that the baby was unwell or had a rash."

Toiva Enele Burgess, 23, from Redbank Plains, pleaded guilty to two charges of driving when disqualified by a court order.

Police sought a jail term for his offences because of his prior traffic history.

Defence lawyer Matthew Fairclough said Burgess was on a probation order at the time for two matters including driving when disqualified and seemed to be deriving some benefit from it - "apart from the fact he keeps breaking the law".

His wife was now expecting their second child.

Magistrate Donna MacCallum told Burgess that while some people may see driving when disqualified as being a victimless offence, he had two previous drive when disqualified convictions - in January and October 2018.

He had been given the benefit of probation yet had shown complete disregard for the court orders.

"One month later you decided to drive again. You need to be more mindful that if you end up in prison it will be your fault. And your family will suffer," she said.

"Wake-up to yourself. If you don't, you will be going into prison."

Burgess was convicted and sentenced to eight months' jail. The sentences were suspended for three years and intended to act as an incentive to obey court orders.

Ms MacCallum warned Burgess that next time he was tempted to get behind the wheel he would serve jail time.