A driver who narrowly avoided colliding with a police car on the Victor Harbor Road at Mount Compass, has found himself a date with the court.

About 5.15pm on Friday 22 November police were conducting highway patrol duties focusing on the Victor Harbor Road, when a motor vehicle travelling south has veered onto the incorrect side of the road forcing the police vehicle to swerve to avoid a collision.

The blue Toyota sedan, with two occupants, was stopped and police spoke with the driver who stated he was looking at his phone in his lap at the time of the near crash.

The 28-year-old Kenyan national was breath tested where he returned a positive result of 0.148 – nearly three times over the legal limit.

He was reported for aggravated driving without due care and drink driving. His car was impounded for 28 days and he was disqualified from driving for six months. He will be summonsed to appear in court at a later date.