A motorcyclist issued with an $80 fine for speeding has spent more than $5000 trying to get off it. Photo / 123RF
A motorcyclist issued with an $80 fine for speeding has spent more than $5000 trying to get off it. Photo / 123RF
A motorcyclist has spent more than $5000 trying to fight an $80 speeding ticket.
His fight comes after his mate who was with him that night and also fined at the same time had his infringement notice thrown out months ago.
It was late one night in February 2021 whenGeremy Foxley and a mate were riding out of Nelson on their way home to the lower North Island.
They were stopped by police and each issued with infringement fines for speeding. They each challenged it, with Foxley's mate managing to have his dismissed at a Justice of the Peace hearing, after the infringement notice was not proven.
Foxley turned up in the Nelson District Court today, wanting a judge to hear his appeal against the fine because despite his best efforts so far, he hadn't managed to achieve the same outcome as his mate.
A motor cyclist issued a fine for speeding outside Nelson one night has been challenging the decision since February 2021. Photo / NZME
"I know there were things not right between the time of the incident and me being here today," Foxley told the court.
While there were no details available as to how fast they were travelling, and neither would Foxley comment outside court today, police information shows an $80 fine is handed out to people driving at 11 to 15 kilometres an hour above the speed limit.
"I don't dispute I was there, and the rider of a motorbike. I have come here today purely for two things: I'm a solo father of a 17-year-old son – I'm very proud of my son who is a driving force in why I'm here, because in his eyes there's been an injustice," Foxley told the court while representing himself.
He said it had cost him more than $5000 so far in transport, accommodation and legal costs, having engaged a Nelson lawyer earlier on to assist him at the JP hearing.
"My son is now looking up to me to do the right thing. It's been very taxing personally and financially."
Foxley disputed facts over what was said on the roadside at the time the speeding ticket was handed out, and at the JP hearing.
Police prosecutor Sergeant Chris Stringer denied there had been any miscarriage of justice. He said Foxley had exercised his right in not giving evidence at the JP hearing, but it was not enough to say that because his friend's infringement notice was not proven, then his shouldn't be either.
Stringer said that following an objection from counsel police had decided to call in an expert to give evidence at Foxley's earlier hearing.
Foxley had questioned the reliability of the police evidence in regard to the speed he was recorded as driving at, and whether it was admissible.
Judge Jo Rielly said it was "quite an odd argument" and one she had not dealt with before but from what she had read, together with that of earlier evidence and rulings, it appeared that Foxley was challenging two issues: Whether there had been any failure in the hearing process and the broader issue of natural justice.
Judge Rielly reserved her decision on the basis she needed more time to consider the evidence.
