"You disagree with the circumstances of you being charged and allege there was a mutuality to what happened," Judge Peter Rollo said.
Waby claimed the police lied about what happened.
Court documents, to which he accepted guilt, stated that on December 8, Waby was driving in Union St, Milton, when he stuck his arm out of the window and pulled the finger at a police patrol car behind him.
Pulling over to the side of the road on Shakespeare St, he had his window down and yelled abuse and swore at police in "an aggressive tone".
The outburst was enough to prompt officers to return and breathalyse Waby.
But when they tried to get him to comply, he got out of his car and ran into the middle of the street yelling expletives.
"They told you to calm down multiple times," Judge Rollo said.
He eventually got back into his car but police blocked his getaway and he was placed under arrest.
After pulling the keys from the ignition, Waby threw them at an officer’s face — "with force" — connecting with their jaw.
Waby intended to file a complaint about the incident, but said he still took some responsibility for the incident.
Defence counsel Jim Takas said Waby had been crime-free for eight years and was simply getting on with his life.
His primary focus was now his 7-month-old child, and he had his own business.
While Judge Rollo acknowledged he had been out of trouble for a significant period, he said Waby had an "attitude of aggression towards the police".
This stemmed in part from head injuries the defendant had sustained which affected his ability to control his temper.
"There are a number of issues in your life ... at 40 years of age you shouldn’t be getting in this kind of trouble," Judge Rollo said.
"If you’re going to be a role model for your daughter, you need to look at these issues."
Waby was sentenced to four months’ community detention and nine months’ supervision.
