Two Street Racing Charges - Both clients found not guilty!
I represented two clients that were both charged with street racing and exceeding the speed limit by more than 45km/h.
Both our clients in this particular matter were riding on motorbikes, along with two other riders. Due to the street racing charge, their motorbikes were impounded for a period of 3 months, which normally incurs fees of around $1500.
Video footage showed them riding past an intersection at what was alleged to be a very high speed, ahead of the two other riders.
Two police officers gave evidence that they estimated the speeds at over 120km/h. Although through cross examination we clearly displayed that, in comparison to the other riders and relying on the police officers’ evidence, our clients would have been travelling a about 80km/h, the Magistrate, as is often the case, could not resist accepting the police estimate, even though it flew in the face of what I was clearly able to establish.
However, even though the Magistrate made a finding that our clients were travelling at more than 120km/h, she still accepted our submissions that even travelling at twice the legal speed limit, almost side by side, she could not find beyond reasonable doubt that they were racing.
Although the clients were found guilty of speeding, they were relieved to beat the street racing charge. Further, we were successful in our Application to have the impounding fees waived.
Saved them from losing their licence for another 12 months and saved them around $1500 in impound fees!