Linwood truck driver Steven Paul Kane has got off a speeding ticket where the police flubbed the paperwork. But he had to take his case all the way to the High Court before Justice Christine French quashed the conviction.

Mr. Kane represented himself among the oil portraits and spectacular woodwork of Christchurch’s No. 1 High Courtroom. The crown said the fault was a technicality, but Justice French said it meant the infringement was not served on Mr Kane.

On September 23, 2006, he was driving his truck on State Highway 1 south of Waimate when he was clocked at 111kmh by a police officer with a Stalker radar.

The 40-year-old relief driver was given a ticket, but when the police sent him the notice they got his name muddled. An envelope arrived at his home addressed to K.S.Paul and he did not open it, and sent it back marked “return to sender”. Eventually, he received a reminder, correctly addressed to him.

There were lengthy delays, but eventually the case was heard in front of Justices of the Peace and a fine of $170 plus costs of $30 were imposed.

The law says that where an infringement notice is being served by post, it must be sent addressed to the person who committed the offence, and it must be served within six months.

“In this case,” said Justice French, “the notice wasn’t addressed to Mr Kane but to Mr Paul. It follows that it wasn’t addressed to the person who appears to have committed the infringement offence.

“The crown says he is relying on a technicality. Technicality or not, it’s clear that service did not comply with section 139 (of the Act).

“It follows that the conviction cannot stand. The appeal is allowed. The conviction is quashed.”

source: Courtnews.co.nz