297kph Ticket

[harvyk]

would definatly go to jail for that kinda speeds...

going speeds of up to 200kph are posted all over the news and newspapers, so id say youd get a new room mate named bubba pretty quick...

<{POST_SNAPBACK}>

No, unless you killed someone and were charged with Culpable Driving, then you definately WOULDN'T go to jail. There's no provisions under the Road Safety Act to sentence someone to a term of imprisonment for speeding offences.

When a judge or magistrates sentences someone for an offence, they can't just make up the sentence. They are guided by the maximum terms of imprisonment built into the act, and other factors such as is it repeat behaviour, the type of vehicle, where the offence was committed, how co-operative was the defendant with police, did they plead guilty are they remorseful? For instance, here in Victoria, on your third drink driving offence, you are eligiable to serve a three month term of imprisonment. Due to a fault in the law though, for your 13th, 23rd or 33rd drink driving offence, you can still only serve three months. A fault in the law. My point is, there are no provisions in the act for anyone to do jail time for speeding, IF THAT'S THE ONLY OFFENCE THEY'RE CAHRGED WITH.

In this instance, if it was real, the person would be facing at least a "Drive at Speed Dangerous", possibly even "Reckless Conduct Endangering Life" under the Crimes Act (this offence does come with provisions for a term of imprisionment). We know in this instance it hasn't happened though because the defendant has the ticket, and therefore, (if it was real) has only been charged with the speeding.

Confusing?

The fact that a penalty notice has been issued for 227km/h over the limit in itself shows the matter to be non-genuine. There's no way you'd be driving off with just a ticket!

<{POST_SNAPBACK}>

I don't think you'd be driving off period, I'd say either the boy's in blue would give you a lift home or more likely they'd call you a taxi...

[Slymeat]

A blue light taxi.......

[Dannopower]

Imagine if they did let you drive! Your stuffed anyway! May as well cut a few circles on the way home!

[Antisocial]

would definatly go to jail for that kinda speeds...

going speeds of up to 200kph are posted all over the news and newspapers, so id say youd get a new room mate named bubba pretty quick...

<{POST_SNAPBACK}>

No, unless you killed someone and were charged with Culpable Driving, then you definately WOULDN'T go to jail. There's no provisions under the Road Safety Act to sentence someone to a term of imprisonment for speeding offences.

............My point is, there are no provisions in the act for anyone to do jail time for speeding, IF THAT'S THE ONLY OFFENCE THEY'RE CAHRGED WITH.

..........

<{POST_SNAPBACK}>

Nope you are wrong.

Case in point dude in a Bentley caught doing 231km/h along the Federal Highway (Road heading into Canberra from the north) just got 6 months in the big house.

Was on the news and in the papers here about a month ago.

All he did was drive fast all the way from Liverpool to South of Goulburn, scared some other road users who called the cops, who set up a radar trap to cath him.

Apparently the magistrate did not buy his lawers line that the car was capable of over 300km/h so 231 was actually a very safe speed and well within the capabilities of the car.

Bentley driver stunned on speed way to jail

Saturday, 25 June 2005

A LAN SHORTALL stood in the docks of the historic Goulburn Local Court, looking immaculate in a smart grey suit, his latest accessory a pair of handcuffs.

The high-flying chief executive of a major medical technology company in Sydney was ashen-faced.

Less than an hour earlier, he had been sentenced to six months' jail after pleading guilty to dangerous driving on May 10 when he drove his Bentley at 231km/h on the Federal Highway at Collector, more than double the legal speed limit.

Earlier, as Magistrate Rob Rabbidge handed down the sentence, Shortall looked stunned. He had hurriedly spoken to his lawyer Greg Walsh and was then taken by two guards down to the cells on what was a bitterly cold day last Wednesday.

"This is a very serious matter ... which none of us can countenance," Rabbidge had said.

After less than an hour in custody, Shortall was back before the magistrate, this time handcuffed, lodging an appeal against the sentence. He was allowed bail as the appeal was adjourned to the Goulburn District Court on August 1.

Outside the court, dragging on a cigarette, Shortall was clearly shaken. Used to media attention as a corporate high-flyer, he seemed a little perturbed that only one media organisation, The Canberra Times, was there to record his statement.

"I deeply regret my irresponsible behaviour," he said. "As a responsible member of the community, I must accept the consequences of my action and the choices I make. I'm accountable for them.

"The matter is still before the courts and I will accept whatever that outcome is. For me, at this stage, I have the height of respect for the legal system in Australia and I'm sure I will be dealt with fairly."

To say he was devastated was "an understatement".

"I have never been charged with anything in my life outside a speeding offence. I live my life in a very good way. I try to be a good role model. To be incarcerated like that is beyond my capability of comprehension."

Yet there has been little sympathy for Shortall - everyone from talkback radio callers to driver- training organisations condemning his driving actions.

Paul Gibson, chair of the Staysafe Committee which investigates and reports on road-safety matters in NSW, said the six-month jail term was appropriate punishment.

"This is the first real signal the courts are fair dinkum; that these kind of offences do fall into the criminal basket," he said. "It sends a message out there that it doesn't matter if you ride a skateboard or drive a Bentley, you've got to stick to the laws of the road."

Shortall, 52, lives in beachside Tamarama in Sydney, the chief executive officer of the publicly listed company Unilife Medical Solutions which markets a retractable syringe designed to prevent needlestick injuries and in particular help stop the spread of AIDS.

Dublin-born Shortall also brought to Australia The Mankind Project, a men's support network which holds self-help workshops and weekend warrior adventure training for men.

His lawyer argued in court that the tenets of The Mankind Project - responsibility and accountability - were evident in Shortall pleading guilty early and telling the media from the start he had been wrong - "a bloody idiot".

Queenslander Larry Dawson was funded by Shortall to bring The Mankind Project from the United States to Australia in mid-2000. "He is a very forthright man," Dawson said. "He's an honest man and, once I got to know him, he's quite a benevolent man."

Still, Shortall seems to have a serious lead foot.

The court heard since Shortall migrated to Australia from Ireland in 1990, he'd racked up 20 traffic offences, almost all for speeding, and including six speeding offences in Queensland in one year. Rabbidge also noted that Shortall had raced saloon cars in Ireland.

On the night of the speeding offence, it was Federal Budget night. Treasurer Peter Costello was preparing to deliver his 10th Budget as Shortall and his wife were rushing to get to Canberra.

They were to attend a post-Budget dinner at Parliament House, where Prime Minister John Howard and members of the Cabinet would be present.

On the way to Canberra, Shortall's wife became ill, a consequence of a stomach bug she'd picked up on their trip to Bali the previous month.

Shortall was driving a silver 2004 Bentley Continental GT. He was testing the motor vehicle with a view to buying. It would cost about $380,000. He'd owned other Bentleys and had Mercedes Benz in his fleet as well.

The court head the Bentley had the potential to reach a top speed of 340km/h. The Bentley web site puts its top speed at 318km/h. Either way, the car can go fast. "Phenomenal power yielded in the most refined manner imaginable," is how the Bentley people like to put it.

The court heard Shortall wanted to get his wife to their Canberra hotel room as soon as possible and call a doctor so they could get to the dinner.

He realised that he should have just turned around and returned to Sydney.

Rabbidge told the court that at 5.56pm on May 10, police received information from other motorists concerned about a silver sports car seen speeding on the Hume Highway at Marulan. The car appeared to be going about 180km/h.

Truck drivers also contacted police via CB radio about the car travelling at excessive speed further south at Yarra.

At 6.15pm a radar that had been set up on the Federal Highway at Collector in response to the calls from the public, clocked the Bentley travelling south at 231km/h in an area signposted at 110 km/h. The car was travelling at 121km/h above the speed limit.

Rabbidge noted the Bentley had been braking heavily at the time the speed was recorded. Police said the potential danger of Shortall's actions was extreme. Along the route, there had been numerous rest-area entrances and cross-over points where he could have encountered other vehicles. Wildlife such as kangaroos could have caused havoc also. Shortall's lawyer Greg Walsh argued while his client acknowledged he was wrong, the safety features of the Bentley in some way mitigated his culpability, even if that was a difficult concept to accept.

The car had a heavy-duty braking system. It's double-glazed windows blocked out sound. Walsh had taken it upon himself to go to the Bentley showrooms in Sydney and sit in one of the cars. He called it an "ethereal experience, like being in a cocoon". He couldn't hear people talking to him from outside.

"To be in this car, one doesn't have a sense of speed, even travelling at very significant speed indeed," he said.

Millionaire adman John Singleton in 1997 was caught driving his Bentley at 160km/h on the Hume Highway. He escaped a fine and conviction. Reports at the time suggested Singleton had also argued his car had been designed to travel safely at up to 260km/h. Singleton, also, then had only four minor traffic infringements in 40 years of driving.

The "superb engineering" of the Bentley appeared not to impress Rabbidge in the Shortall case. He suggested it did more to protect the people inside the Bentley than anyone in another vehicle it might slam into.

Walsh also argued that no other vehicles were on the road when Shortall was caught, and he had a clear line of sight up the highway.

The lawyer emphasised that a jail sentence would have a catastrophic impact on not only Shortall but the shareholders and employees of Unilife. (By the close of trade on Thursday, Unilife shares had fallen 3c to 57c.) Walsh suggested a significant fine and licence suspension was appropriate.

Rabbidge acknowledged Shortall's "very fine character" and that he was an "entrepreneur greatly respected in Australia and world-wide".

Nevertheless, Shortall had caused terror on the roads and that "we have a man who has alarmed citizens so much" that from the Marulan area onwards they had been contacting police.

Rabbidge said it was his "sad duty as a magistrate to send young men to prison who had done speeds less than but close to the speed done by the accused". He travelled the Federal and Hume highways often in his work, both of which had many floral tributes to those killed on the roads.

"I'm reminded on a daily basis of numerous deaths in and around Goulburn, including, sadly, two police officers," he said. The magistrate said the very serious nature of the offence gave him no alternative but to jail Shortall for six months.

He would be eligible for release on December 21. His driver's licence was also disqualified for 12 months.

With his appeal now pending, Shortall left Goulburn as a passenger in another set of wheels, his lawyer's very suburban Subaru station wagon.

[Lumpen]

Without quoting YCL, I do remember reading about 6 years ago that one of the young heirs (~22) to the Faber-Castel empire was caught doing around 215km/h in one of the families BMW's and used this excuse again, recived some for of Good Behaviour Bond.

Lumpy

[ZAP]

I think what BA_Turbs was inferring was that you cannot be arrested and jailed for speeding on the spot. It requires charges and a court appearance for you to be incarcerated

[BA_Turbs]

would definatly go to jail for that kinda speeds...

going speeds of up to 200kph are posted all over the news and newspapers, so id say youd get a new room mate named bubba pretty quick...

<{POST_SNAPBACK}>

No, unless you killed someone and were charged with Culpable Driving, then you definately WOULDN'T go to jail. There's no provisions under the Road Safety Act to sentence someone to a term of imprisonment for speeding offences.

............My point is, there are no provisions in the act for anyone to do jail time for speeding, IF THAT'S THE ONLY OFFENCE THEY'RE CAHRGED WITH.

..........

<{POST_SNAPBACK}>

Nope you are wrong.

Case in point dude in a Bentley caught doing 231km/h along the Federal Highway (Road heading into Canberra from the north) just got 6 months in the big house.

Was on the news and in the papers here about a month ago.

All he did was drive fast all the way from Liverpool to South of Goulburn, scared some other road users who called the cops, who set up a radar trap to cath him.

Apparently the magistrate did not buy his lawers line that the car was capable of over 300km/h so 231 was actually a very safe speed and well within the capabilities of the car.

Bentley driver stunned on speed way to jail

Saturday, 25 June 2005

A LAN SHORTALL stood in the docks of the historic Goulburn Local Court, looking immaculate in a smart grey suit, his latest accessory a pair of handcuffs.

The high-flying chief executive of a major medical technology company in Sydney was ashen-faced.

Less than an hour earlier, he had been sentenced to six months' jail after pleading guilty to dangerous driving on May 10 when he drove his Bentley at 231km/h on the Federal Highway at Collector, more than double the legal speed limit.

.......

<{POST_SNAPBACK}>

No, you've just confirmed exactly what I said, that is not a specific speeding offence. Like I said in my original post, for those speeds someone is not simply issued with a Penalty Notice for exceeding the speed limit, they are charged with a more serious offence. What I said is very correct, you can't go to gaol just for being charged with speeding. However, by speeding, you may be committing more serious offences. The offence this person has bene charged with is not a speeding offence, it can apply to almost any situation where there is a risk significant property damage or someone being injured. This may be through speeding, driving on two wheels, doing a burnout where there are pedestarians, driving the wrong way in traffic etc...

This is what I was trying to articulate in my original post.

PS - Keep in mind that all states are different. The states all got together when the Road Safety Act was formulated, drafted up a guide of it, then they all took it away and butchered it for their own use. In ACT I don't even know if Dangerous Driving is an offence under the Road Safety Act or their version of the Crimes Act.

[Antisocial]

Fair enough, we can agree to disagree, as now you are splitting hairs in a typical leagalese manner.

My point is this, in reply to -cartmans original reply you can get pulled over for speeding ie 297km/h and go to gaol.

You replied

No, unless you killed someone and were charged with Culpable Driving, then you definately WOULDN'T go to jail. There's no provisions under the Road Safety Act to sentence someone to a term of imprisonment for speeding offences.

However this man, was stopped for speeding, and that was the only thing he was pulled over for, no defect with the car, no one injured, but sentenced to gaol time.

Even if the charge is not called speeding, it seems you will most likely be gaoled for >210km/h speeding.

[sixfan]

SIX MONTHS FOR 230 kph!?

why? is it really that dangerous?

I don't think so.

[harvyk]

SIX MONTHS FOR 230 kph!?

why? is it really that dangerous?

I don't think so.

<{POST_SNAPBACK}>

I don't think it's so much the fact that he was doing 230KM/h, it was the fact that he did it on a road which you go get cars (and wildlife) jumping out from either side, and the fact that it' can be a very busy road (It’s the main road between Canberra and Sydney, and part of it is also the main road between Sydney and Melbourne) so he would have been swerving like crazy to avoid hitting anyone… (Probably had to go onto the side of the road a few times…)