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Cruising to victory over speed limit fine
September 3, 2007

WHEN is speeding not quite speeding? Apparently when your cruise control plays up.

A teenage P-plate driver from Sydney, who claimed she did not realise her vehicle was travelling almost 50 kmh over the speed limit, has had her $590 fine dismissed by a magistrate because of a faulty cruise control mechanism.

The Roads and Traffic Authority is now looking into the matter and a speeding fine consultant, who gets paid to offer drivers advice on how to beat speeding tickets, says he is shocked by the decision.

Sophie Marie Edwards, 19, of Arcadia, was driving a Ford utility along a country road near Wagga Wagga when a police officer detected her travelling at 147 kmh.

Ms Edwards, who was driving on a P2 provisional licence, was issued with a $590 fine for exceeding the speed by over 30 kmh.

She took the matter to Hornsby Local Court on August 9, entered a guilty plea and provided the magistrate, Carmel Forbes, with a service invoice from Ford showing that the cruise control was not working properly because of a blown fuse.

"I was relying on cruise control of [a] week-old vehicle now deemed faulty by Ford and repaired. I didn't notice speed increase on flat straight country road," she wrote in a separate document that was tendered to the court.

The magistrate accepted the guilty plea but, citing section 10, recorded no conviction and dismissed the fine. Ms Edwards was ordered to pay $70 in court costs.

Scott Cooper, who advises people on how to beat speeding fines, said he was amazed that she had escaped the fine.

He said one of his clients had failed to have a speeding charge overturned despite evidence that the car's speedometer was not working properly.

He himself had unsuccessfully contested a speeding charge based on his own BMW's malfunctioning cruise control.

"I took the proof that the cruise control was surging from … and it didn't make any difference. I was convicted."

He said he had provided advice to thousands of clients but "I've never heard of this one before. I wish my court cases were that easy."

An RTA spokesman said Ms Edwards's case was decided on the individual circumstances presented to the court.

The authority, however, "has requested a transcript of the case and will examine the details of the court's decision when this becomes available."