Defence lawyer Cassandra Ditchfield said on the night of the alleged offence the 18-year-old had been drinking heavily for a friend’s birthday and had little recollection of the evening.
She said there was a reference to him claiming to have Hepatitis C, which she said wasn’t the case, and he was willing to provide a sample to prove it.
She also said the alleged spitting was onto the leg of the officer, who was in full gear including pants and boots which meant there was no risk of infection.
Ms Ditchfield said her client had some anger management issues which would need to be looked at carefully before sentencing.
Ellerton pleaded guilty in Gladstone Magistrates Court on Tuesday to drink-driving.
The prosecution noted Ellerton had eight previous driving convictions.
Defence lawyer Lauren Townsend said the 43-year-old widower had gone âoff the railsâ when he lost his car sales job in 2017, his partner died in February last year and his dog died a month later and he was evicted from his home.
She said he suffered from anxiety and depression and was engaging in rehabilitation.
His probation order was breached and he was sentenced to fourth monthsâ imprisonment, suspended for 12 months, with a warning from Magistrate Mark Bucknall.
âYouâre sailing very close to the wind Mr Ellerton into doing actual time,â he said.