BY-THE-WAY OF LEGAL INTEREST
CONSEQUENCES AGAIN, CONSEQUENCES!
Steve is a 42-year-old experienced heavy vehicle driver/rider licenced for 26 years who has also done a bit of racing, so has more driving skill and knowledge than the average guy…
He drives a powerful Euro SUV with good suspension and excellent brakes. His driving record is ‘busy’, with no major offences but with one Demerit Point suspension 12 years ago….
He is a Sales Manager and travels for work a lot including NSW country and interstate. Having had some drinks of white wine after work on a Friday he travels towards home in the Windsor area when he gets a bit of lip from another driver hanging out of his ute window at a set of traffic lights, then tailgating Steve afterwards.
As a professional heavy vehicle driver, Steve had a lot on the line…
Steve put his foot down on a semi-rural road but approaching a major intersection started to slow down and stopped at the red light behind another car and then turned left and accelerated past it on the four lane road. At this point he sees red and blue lights behind and pulls over. The Police Constable has his hand on his gun and asks for the keys.
He tells Steve that he was checked by Lidar at over 200km/h in the 70 zone while approaching an RBT on the other side of the road, as he was heading for the intersection with six lanes on his side but partially blocked off for night roadworks and speed zoned 40km/h accordingly.
He was then speed checked by the Constable in the Highway Patrol car between 130-150km/h on the main road zoned 60km/h before pulling over. He also tested positive to alcohol.
Steve ended with three charges. Mid Range PCA. Convicted, fined $800 and disqualified for the automatic period of 12 months. Speed 45 over. Convicted, fined $1,200 and disqualified for the statutory period of six months. Drive Manner Dangerous. Convicted, placed on a two year Good Behaviour Bond and disqualified for the automatic period of three years.
Possibly the alcohol affected Steve’s judgement but he said he had no intention to travel that fast and was genuinely surprised at the number and the fact that he was Mid Range (only just at 0.089) as he felt normal.
I must say that wine or champagne can be deceiving depending on the size of the glass – read labels please! Steve’s life is upside down with job jeopardy (and weekly public transport/taxi costs over $200) and access to children difficult just from a 30 seconds mistake on a Friday night.
Lucky hurdler…..
Robert is a Heavy Rigid (HR) truck driver driving on a NSW Good Behaviour Licence of two points for one year when he gets booked for not wearing his seat belt. Reason? He had to negotiate the truck through some gates needing to get in and out.
Also he has a bad back from an old motorcycle injury and wearing the seat belt aggravates the injury but he has not got around to get an exemption from a doctor. He is angry with the ticket and it gets lost in the cabin of the truck which is also driven by other drivers…
Trucks and their drivers are a large part of what keep Australia moving…
He then forgets about it. He had also moved to live with his girlfriend but had not changed his address with the RMS. Apparently the Reminder for the fine did not get there or may have been thrown out by his mother….
Robert did however get the six month Licence Suspension Notice (the State Debt Recovery Office proceed by way of a default system even if you have not paid the fine) and called me.
Because he was out of time I suggested he seek annulment through SDRO. He did so but it was refused due to, “no reasonable grounds”. Because he was desperate I told him to appeal the SDRO refusal at a Local Court which he did and we appeared before a Magistrate.
The Annulment Appeal was granted and then we pleaded guilty with an explanation asking for a Section 10 meaning no conviction, fine nor Demerit Points. This was also granted and Robert did cartwheels out the court door on his way to pick up his licence from the RMS!
Robert was disorganised but very lucky with a kind Magistrate who realised he wanted to work and gave him a break – twice!
MISCELLANEOUS RAMBLINGS
Back home from holidays and I’m back on the long term KTM EXC F 350! This bike is now well set up and fitted with the goodies Jeff installed.
Bike Review’s Long Term KTM 350 EXC-F
Everyone loves the bike with it’s sharp, neat steering and nimble handling! I must say I’m more than impressed particularly as it has great torque and power for a 350, better than expected!
Also for testing I have some amazing gear from McLeod Accessories including Sidi Boots and an M2R helmet… Stay tuned!
Slippin’ and Slidin’
Riding to court the other day on my Vespa 300 in the wet, I stopped at a red light near Central Railway. I put my foot down and yikes, it was slippery!
Looking down I noticed I had put my foot on a thick white line RMS use. Moving my foot to the black asphalt, no issue so those white lines might be anti-skid, but the asphalt still has a lot more grip, rider beware!
Let’s live the dream and meet on the winding road or single track… and you can always contact me on mark@lawstop.com.au – 0405 064 087
Mark Stenberg
Solicitor
SYDNEY
