Dangerous driving / Withdrawn

Case: Helicopter speed detection method agreed to be inaccurate by prosecutor at contest mention 

Client drove his car on the freeway whilst being followed by Victoria Police Air Wing. Tactical Flight officers from the air wing kept constant observations and estimated the speed to be between 140 – 150kmph. He received a summons for court charged with dangerous driving and careless driving and exceeding the speed limit by more than 45kmph.

Charges/ Ch1 (dangerous driving), Ch2 (careless driving), Ch3 (speeding  by more than 45kph)

Result/ Ch1, 2: withdrawn; Ch3: Charge amended to reduce the exceeded speed limit by less than 45kph, licence suspension 6 mo (instead of 12 mo)

BCL lawyer argued that the police informant could not have accurately calculated the distance over time which was the mathematic formula used by police officers from the air wing unit. Prosecutor agreed prior to contest mention and matter proceeded by way of a plea of guilty whereby client received the minimum mandatory of 6 months licence loss, rather than 12 months on the original charge.

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