THE winning strike rate of appeals in the Warrnambool County Court continues unabated, with another four people mounting successful cases.
In probably the most stunning result, Jessica Baker, 25, of Cobden, had her drink-driving conviction quashed.
She was alleged to have recorded an evidentiary breath test reading of .105.
The case was heard in Warrnambool Magistrates Court on January 18 last year and Ms Baker was convicted and fined $525, with her driver’s licence cancelled for 10 months after she chose to have her infringement notice heard in court.
Ms Baker appealed against the conviction and sentence to the County Court.
She told the court she had a conversation with a police officer and claimed she asked if she should have a blood test.
Ms Baker said the officer told her that blood tests usually returned higher readings.
The police officer told the court the conversation never took place and there was no request for a blood test.
Judge Bill Stuart found that on the balance of probabilities there may have been a conversation and therefore ruled the evidentiary breath test was inadmissible. He dismissed the drink-driving charge.
Cobden’s Trevor Clarke, 41, also had a win when he beat a charge of driving at 110 km/h in a 60 km/h zone.
That case was heard in Warrnambool Magistrates Court on April 19 last year, where Mr Clarke was convicted and fined $650 and his licence suspended for 12 months.
In his appeal, Judge Stuart found that he was not satisfied beyond reasonable doubt the offence on October 26, 2010, was committed.
Portland’s James Humbert, 48, had his charge of riding his bike on the wrong side of the road dismissed after the prosecution chose to lead no evidence.
He was originally fined $119 in Portland Magistrate Court on May 9 last year.
Hamilton’s Ronald Jones, 49, had his appeal against a conviction and two-month intensive corrections order upheld.
The Hamilton Magistrates Court originally handed him a two-month intensive corrections order last year.