A Victorian man has pleaded guilty but had no conviction recorded after arguing he shouldn't have to pay a speeding fine that arrived by mail many months after the incident.
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Phillip White, 56, from Newmerella was travelling on the Princes Highway south of Pambula on the evening of February 2021 when he was stopped by police for allegedly travelling more than 10kmh over the limit.
Eden Local Court on Wednesday, December 8, heard that he reportedly said to the officers, "It was naughty".
Mr White told the court he had not been issued a ticket on the day, but had received an infringement notice in the mail several months past the date it was issued due to an incorrect address.
Magistrate Doug Dick said Mr White had written to Revenue NSW saying, "your police officers don't know how to flick a licence over to get the correct address".
Magistrate Dick clarified that sometimes officers might make slight errors due to the nature of working out in the field.
Mr White said in court that he thought he had been doing 85kmh in an signposted 80kmh zone, but Magistrate Dick replied that perhaps the fact sheet might "help lift the fog".
He said the police patrol radar caught Mr White doing 95kmh in an 80 zone.
"I thought I was doing 85," repeated Mr White.
Magistrate Dick said "if you want to challenge the radar, you need to find your own expert to prove it".
"That way it puts the onus back on the driver," he said.
Mr White said he would be unable to provide any such evidence, so would therefore have to plead guilty.
Magistrate Dick asked him to clarify if a guilty plea would be entered, to which he agreed.
But the magistrate chose not to record a conviction and the matter was dismissed under section 10 of the Crimes (Sentencing Procedure) Act 1999.
Magistrate Dick said his handling of the matter was in part due to Mr White's clean Victorian record, adding that the driver was lucky to be facing no fines or demerit points on this occasion.
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