A lawyer representing a motorist caught speeding by a hand-held camera has claimed the fine is invalid, using an argument that could challenge many other fines imposed in NSW.
Sydney driver Furio Rossi was allegedly recorded by a policeman driving at 101kmh in a 50kmh zone in February.
His lawyers challenged the fine in court, arguing a technicality around the certification of the speed camera device used to record him.
“To be a valid certificate, it must include certain criteria, including evidence that the device is approved for speed measurement,” Rossi’s solicitor Stewart Alan Levitt told The Daily Telegraph.
“This meant the certificate could not be admitted as evidence, nor relied on by the prosecution as evidence of the accuracy and reliability of the speed camera, raising doubt as to the speed being travelled by the motorists.
“The result could cost the state government hundreds of thousands of dollars, paving the way for hundreds of motorists who have received speeding tickets to challenge the alleged speeding infringements.”
New South Wales police will prosecute the case on November 20.
In Victoria, police must outline the identification number and prove certification of speed camera devices in their submissions to the court.