Case note: a contested speeding and dividing lines charge

The charges

Two charges: disobeying the speed limit, alleged at 84km/h in a 50km/h zone, and failing to keep left of two continuous dividing lines.

The rider was one of a group of motorcyclists. A police motorcycle intercepted riders at an end location after following the group. Several riders were present at that location, and the client’s instructions were that he was already there and had not been part of the group police had followed.

What was done

Written submissions were made to police, together with a request for the video footage relied on.

Police provided the footage and discontinued the dividing lines charge. They then obtained witness statements which contradicted the client’s account of events.

Instructions were to proceed to trial on the remaining charge. The matter ran for five hours with six witnesses, being four civilian witnesses, the police officer and the client. The magistrate delivered judgment at 8.30pm the same night.

The result

After cross-examination of the witnesses and the police officer, the magistrate found the charge not proven and the client was acquitted.

Contested traffic hearings are decided on the evidence actually led and on the view the magistrate takes of the witnesses. Every matter turns on its own facts, and this note should not be read as an indication of what would happen in another case.