A MELBOURNE driver who argued in court that his speed as detected by radar should be subject to a variation of two per cent, not two kilometres per hour, has lost his driver’s licence for a month.
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Magistrate Jonathan Klestadt told Thundathil Joseph Besto, 32, of Spring Road, Clarinda, that his case involved a radar, not a traffic camera.
He said the two-kilometre variation had already been applied, with the detected speed of 127km/h reduced to 125km/h.
Mr Klestadt told Besto that he had misunderstood the circumstances surrounding his case and there was no defence to the alleged speed of 125km/h.
Besto had claimed a two per cent allowance was applicable.
Police said that on Saturday, August 17, an officer was operating a radar detector on the Hamilton Highway between Mortlake and Darlington at 9.40pm when a black Holden station wagon was clocked at 127km/h.
At a speed of 125km/h a driver automatically loses their licence for one month.
Besto, who had driven to court thinking the alleged speed would be reduced, was given until 5pm to return to Melbourne before his 28-day suspension came into effect. He was also fined $400.
Besto made an unsuccessful submission that he be allowed to drive to work.
Mr Klestadt warned Besto if he was found driving in the next month he could be imprisoned for four months or fined $4000 for driving while suspended.
