A diesel mechanic who drove at a speed of 169km/h has successfully appealed the immediate suspension of his licence, with a magistrate at Dubbo finding there were exceptional circumstances.
Alexander Smith was detected driving 69km/h over the speed limit on the Newell Highway between Coonabarabran and Gilgandra in the early hours of a morning.
Smith’s licence was suspended for six months on the spot because his speed was more than 45km/h over the limit.
On Friday in Dubbo Local Court magistrate John Favretto allowed the appeal, saying together the circumstances were enough to constitute exceptional circumstances.
Smith represented himself in the court, and tendered references to the magistrate.
He told the court he was a field service diesel mechanic and on the night in question had been called out to a job at Coonabarabran.
He had diagnosed the problem and had set out for Dubbo for parts before intending to return to Coonabarabran, he said.
He was detected 30 kilometres south of Coonabarabran in a 100km/h zone, he said.
Smith told the court he had undergone training to work on certain makes of trucks.
In handing down his decision Mr Favretto said there were a number of circumstances that he took into consideration.
Smith had a prior good record, with it being his first offence in the time he had been driving starting in 2010 and he drove 80,000km to 100,000km per year, he said.
The offence had happened when carrying out work duties and if Smith lost his licence there would be hardship for his employer as well because it was a specialised trade, Mr Favretto said.
When all of the factors were put together it was enough to constitute exceptional circumstances, Mr Favretto said and he allowed the appeal.
Smith said “thank you” to the magistrate.
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