1

VALENTINO

PROSECUTION ALLEGATIONS

Your Honour, the defendant was monitored by a speed detection unit on Payneham Road at St Peters travelling at a speed of 108 kph. The radar unit was established on the northern side of Payneham Road near the St Peters Town Hall.

The defendant was travelling in a north-easterly direction on Payneham Road in the left-hand lane. There are two lanes for eastbound traffic on Payneham Road. There were a number of pedestrians in the area at the time of the offence. The defendant passed many intersections and junctions and was approaching a set of traffic lights at Stephens Terrace.

The defendant was stopped and spoken to by police prior to the intersection of Payneham Road and Stephens Terrace.

When questioned by the police, the defendant stated that the did not see the radar unit on the side of Payneham Road, and that he was travelling quickly so as to test the engine on which he’d just carried out some mechanical work.

He was given an instant loss of licence for 6 months. The vehicle was impounded and police are seeking $903.60.

The defendant has no prior convictions.

DEFENCE SUBMISSIONS

The defendant is a 19 year old man who is currently employed as an apprentice mechanic by a garage at Newton.

The defendant lives away from his parents, living with his sister at a unit in Athelstone. He and his sister are sharing the rent on the unit and it currently costs the defendant approximately $80.00 per week in rental. This, coupled with other expenses leaves him about $25 per week in uncommitted income.

He has been employed as an apprentice mechanic by the same garage at Newton for approximately 3 years.

He advises that he was driving his motor vehicle on the day in question, on which he’d just completed some mechanical repairs, which were mainly adjustments to the timing of the vehicle and the carburettor.

He was testing his engine on Payneham Road in very light traffic. He advises that at the time of the offence the lighting was good and it was daylight. The weather was fine and dry and the road surface is good sealed bitumen. The defendant advises that his motor vehicle is well maintained and in good mechanical repair.

The defendant receives approximately $19 000 per annum from which he pays his share of the rent and running expenses for the unit at Athelstone.

The defendant is repaying his parents for the money lent to him. He repays what he can afford at no fixed rate.

Whilst the defendant does require a driver’s licence for his work, as he is required to test engines he is repairing or to drive motor vehicles to isolate the problem before commencing work, he has been advised by his employer that he will probably not lose his job during the period of disqualification as he is a good mechanic and worth keeping.

However, his employer has indicated that should work slow down and the employer is required to lay off anyone, he would probably be the first to go.

The defendant has no prior convictions.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

/ COMPLAINT
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name: THE UNDERSIGNED MEMBER OF THE POLICE FORCE
Address:ADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: VALENTINO, Rudolph DOB
Address:
Offence details
  1. The Complaint of a Member of the Police Force of Elizabeth this 23rd day of September 2012 who states that Rudolf Valentino drove a motor vehicle in St Peters at a speed dangerous to other road users and pedestrians.
Section 46(1) of the Road Traffic Act, 1961
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Road Traffic Act 1961

46—Reckless and dangerous driving

(1) A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to the public.

Maximum penalty: Imprisonment for 2 years.

(2) In considering whether an offence has been committed under this section, the court must have regard to—

(a) the nature, condition and use of the road on which the offence is alleged to have been committed; and

(b) the amount of traffic on the road at the time of the offence; and

(c) the amount of traffic which might reasonably be expected to enter the road from other roads and places; and

(d) all other relevant circumstances, whether of the same nature as those mentioned or not.

(3) Where a court convicts a person of an offence against subsection(1), the following provisions apply:

(a) the court must order that the person be disqualified from holding or obtaining a driver's licence—

(i) in the case of a first offence—for such period, being not less than 12months, as the court thinks fit; or

(ii) in the case of a subsequent offence—for such period, being not less than three years, as the court thinks fit;

(b) the disqualification prescribed by paragraph(a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case it may order a period of disqualification that is less than the prescribed minimum period but not less than one month.

(4) In determining whether an offence is a first or subsequent offence for the purposes of this section, only a previous offence against subsection(1) for which the defendant has been convicted that was committed within the period of five years immediately preceding the commission of the offence under consideration will be taken into account.

(5) It is a defence to a charge of an offence against this section for the defendant to prove that he or she was, at the time of the offence—

(a) carrying out duties as an emergency worker; and

(b) acting in accordance with the directions of his or her employingauthority; and

(c) acting reasonably in the circumstances as he or she believed them to be.

of the Road Traffic Act, 1961.