"He has a record of 15 speeding offences, two as a provisional licence holder." Magistrate Brian Van ZuylenA Driver allegedly caught speeding outside of Bungendore faced Queanbeyan Local Court on Monday pleading that his licence should be returned due to exceptional circumstances.
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The court was told that Wayne Beasley had his licence taken off him after police allegedly clocked him doing 154km/h in a 100km/h zone while on his Harley Davidson.
Beasley pleaded not guilty to driving in excess of 45 kilometres over the limit and not complying with directions given by the police.
It was argued by his solicitor, Chaddy Mardini, that Beasley required his licence due to exceptional circumstances that are addressed by his work, the strength of the prosecution's case, his danger to the community and other matters relevant to the court. The 38-year-old Bungendore resident was pulled over by police on December 12 after being seen driving through an area described as on top of a hill and around a bend, Mardini said.
The court was told that the prosecution's case was weak, so much so there was no clear indication of what they relied upon for the speed recorded.
Beasley did admit to speeding, but it was said he was only going 20km/h over the limit at the time.
Mardini told the court that it was only a visual estimate and there was nothing to back up the police claims including distance, time and whether there were other vehicles on the road.
It was added that the spot where the alleged speeding offence was recorded was not ideal for detection.
Mardini then said his client's job would be in jeopardy if his licence would not be returned and stress was being placed on his relationship with his partner due to her having to drive him to work.
He added the security officer had a “very strong need” for his licence due to there also being limited public transport from his home.
Beasley's traffic record was then considered for whether he was a danger to the community.
But Magistrate Brian Van Zuylen was quick to point out the alleged offender's history of speeding.
“He has a record of 15 speeding offences, two as a provisional licence holder,” he said.
“He started the wrong way and keeps going.”
Mardini then argued that Beasley would have posed more of a risk to himself than others on the road by allegedly speeding.
It was noted that Mardini had been citing an old regulation that had been replaced by an Act in the consideration of exceptional circumstances.
A case was also referred to from the Supreme Court by Mardini but Magistrate Van Zuylen noted that it described exceptional circumstances for bail in regards to a charge of murder.
The prosecutor, Sergeant De le Roche, replied to the defence claims and noted that the accused had an “atrocious” driving history.
The prosecutor told the court that the alleged offence was serious and not trivial and it would be appropriate for the confiscation to remain.
Magistrate Van Zuylen weighed up what both sides had to say and said the court was often faced with people needing their licences for work. He added that in the view of the court, nothing placed Beasley in the category of exceptional circumstances. The appeal was dismissed and Beasley will appear in court on March 8.
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