A 31-year-old man convicted of driving dangerously through a roadworks site will appeal the sentence he received in Rylstone Local Court.
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Nicholas Edward Howard of Slim Street, Bathurst – formerly of Kandos – was fined $800 and disqualified for 12 months.
He pleaded not guilty to the charge ‘Drive recklessly/furiously or speed/manner dangerous’ but was found guilty when the matter went to hearing.
On the afternoon of May 18, 2016, Howard drove towards the roadworks site on the Lue Road at Mount Knowles.
The witness – a Mid-Western Regional Council worker – reported him for driving through a red light at the temporary traffic lights, around other vehicles, and through the site at an estimated 70-80km/h, with the witness yelling and waving at him to stop.
Howard claimed; the lights weren’t red but flashing yellow; he wasn’t speeding; there were no other cars; and that the witness stepped in front of his vehicle, which he needed to swerve to avoid.
However, the court heard that the mode the traffic lights were in at the time wouldn’t have flashed yellow, also a beacon on the back alerts workers on site that the red light is on.
Also his assertion that the witness stepped out in front of him was refuted, with Howard told that if it did indeed happen over the distance he claimed he wouldn’t have been able to avoid hitting him.
Magistrate Michael Allen said that the final nail in the coffin was a lack of a reason to falsely accuse him of the offence.
“Why would a man who has been working there [at the roadworks site] for months single you out? That’s the overwhelming evidence,” he said.