A 42-YEAR-OLD Warwick man was sent to jail for driving when his licence had been disqualified until 2021.  

Michael Francis Henry Swan broke down as Magistrate Bevan Manthey handed down the sentence in front of Swan's three young daughters.  

"(Disqualified driving) will not be tolerated," Mr Manthey said.  

The Warwick man's three children were ushered out of the room by his defence lawyer Clare Hyne while Mr Manthey explained why this crime would "not be tolerated".  

Swan was caught driving on a disqualified licence at Helidon in October 2014.  

Mrs Hyne said her client had been the passenger in a car with his wife, en route to a pharmacy in Gatton.  

His wife felt too ill to drive and she pulled over.  

"They called a friend (to drive the car home) and he turned up with a beer in his hand," Mrs Hyne said.  

Swan swapped seats with his wife "three roads from their house" and was pulled over in their driveway.  

Mr Manthey explained that a term of imprisonment was the only option, given Swan's history of breaching court orders.  

"Anything other than imprisonment would send the wrong message to the community," Mr Manthey said.  

Mrs Hyne said her client had spent time behind bars and feared going back.  

"Jail was the worst experience of his life… he doesn't want to go back there," she said.   

Mr Manthey sentenced Swan to 12 months jail, to serve two months behind bars.  

"I keep saying, I've heard all the bulls*** excuses," Mr Manthey said.   "The community needs to be protected from drivers like you."