Case: Highway Patrol Officer Misleads Client in Section 60 Rejection Notice.
Our client was served with a Section 60 Road Safety Act Notice requiring him to provide information about a driver who drove his vehicle at over 45kph the speed limit and was captured by a traffic camera. Our client nominated a driver which was rejected by the police officer having spoken to the nominated driver.
Charges/ Ch1 (Exceed speed by 45kph); Ch2 (Fail to comply with s60 Notice); Ch3 (Make misleading statement)
Result/ All charges withdrawn on submissions at Contested Hearing.
We reviewed the police brief and noted that the highway patrol officer did not speak to the nominated driver, instead he spoke with his brother. Despite that, he stated in our client’s rejection letter that he had spoken to the nominated driver “rejected” the nomination. Counsel for our client made submissions that these circumstances were not a valid rejection and ultimately the prosecution agreed to withdraw all charges.
