Driver gets off on technicality and is told to slow down
A YOUNG woman fought a speeding ticket in the Mackay Magistrates Court and won.
However, Magistrate Damien Dwyer made it clear Zoey Lee Savage was only found not guilty on a technicality.
Mr Dwyer rejected Ms Savage's evidence when the matter was heard in court, but he also said he was "not satisfied" with the Crown case.
Ms Savage was intercepted by a Mackay Road Policing Unit officer on Eimeo Rd about 5.46pm on January 2.
The speed limit for that section of the road is 80kmh.
The officer told the Mackay Magistrates Court he observed a blue Jeep station wagon that he estimated was speeding.
He was performing speed detections, which indicated the vehicle was travelling at 93kmh.
Self-represented, with assistance from her father, Ms Savage pleaded not guilty to speeding. The penalty for being 13kmh over the speed limit is $220 and three demerit points.
The officer told the court he returned to his vehicle, performed a u-turn and intercepted the vehicle, which he said was the only one on the road at the time.
Ms Savage disputed this claim and said there were two vehicles travelling in front of her, but she couldn't say what make or model. And when she gave evidence, Ms Savage said there was one vehicle travelling one or two car lengths in front of her.
A recording of the officer's conversation was played for the court. Mr Dwyer pointed out Ms Savage didn't once say she wasn't speeding, what she said was "(I) didn't realise I was speeding".
"I reject her evidence," Mr Dwyer said.
However, the prosecution didn't produce any evidence to say the officer was qualified to operate the speed detection device he was using on the day.
Evidence was tendered stating his qualifications for using certain speed detections devices, but nothing linking those to the said device, the court was told.
"She's found not guilty," Mr Dwyer said, before giving Ms Savage a stern warning: "Slow down. You got out on a technicality."