Exceed Speed Limit (40kms – 45kms/hr in Excess of Permitted Speed Limit)

Client was charged with speeding. He was, at the time of his alleged offence, finishing his shift as a taxi-driver. The police alleged he was travelling at approximately 100kms per hour in a 60 zone. The police calculated the speed on the basis of taking up and maintaining an even distance from our client. The alleged speed made client liable for a minimum suspension of 6 months.

Client did admit to police he was speeding but disputed he had been speeding 35kms or more over the speed limit.

Client’s only source of income was his work as a taxi-driver. The alleged speed rendered our client liable for a minimum period of 6 months suspension. Such a lengthy period of suspension would have lead inevitably to our client losing his job.

Shaun Pascoe represented our client at the Melbourne Magistrates’ Court.

The inherent unreliability of the informant observations was challenged from an early stage in the proceedings, and the matter promptly set down for a contested hearing.

On the day of the contested hearing, through a process of negotiation with the prosecution, a speed consistent with our client’s instructions was agreed upon. The contest was abandoned and the matter proceeded as a plea of guilty, albeit to a significantly reduced alleged speed.

After entering a plea of guilty the Magistrate imposed the statutory period of 1 month’s suspension, which our client had instructed he could easily manage. Relevant to his Honour’s decision not to exceed the statutory minimum of 1 month was our client’s good work history, the absence of prior offence for speeding, and the unusual circumstances of the incident.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013