News

Man wins court appeal to have driving suspension slashed

ALARMING: The remains of a tow truck after a crash at Aldershot in January.
ALARMING: The remains of a tow truck after a crash at Aldershot in January. File

A MAN who crashed a tow truck off the side of Aldershot's Farrell Bridge has won a court appeal to have his six month driving suspension slashed to three months.

Blake Joshua Miller, 25, pleaded guilty to driving without due care and attention in March in Maryborough Magistrates Court, and was fined $1500 and suspended from driving for six months.

But Miller appealed the sentence, arguing that the six month suspension was "manifestly excessive".

The court heard the crash happened on January 10 this year when Miller was driving a tow truck in the southbound land of the Bruce Highway.

Miller fell asleep while driving and when he woke, he saw the truck veering to the left, so he steered right and said he believed the back wheel hit the guard rail of the bridge.

The truck then came off the bridge on the opposite side.

Miller was breath-tested by police at the scene, but returned a negative result.

Evidence given to the court showed that Miller had been fatigued when the crash happened, having slept for five hours before his shift from 7.30pm to 12.30am.

He told police that prior to the crash he "felt his eyes getting tired" so he put the window down and continued driving.

Police also found the back wheels of the truck were devoid of tread and Miller said he was not aware of that as he did not conduct the proper inspection of the truck before starting his journey.

Magistrate John Smith heard the case in March and gave the initial sentence.

In August, the appeal was heard in the District Court of Queensland by Judge Helen Bowskill.

Judge Bowskill said it was clear Mr Smith considered the circumstances of the offence very serious as Miller was a professional truck driver using the Bruce Hwy and he had warning signs of being tired but did not heed them.

"The Magistrate clearly considered there was a need for community protection in the circumstances," Judge Bowskill said in her judgement.

She found a period of suspension was appropriate, but that an error "has been made in the exercise of the discretion by the magistrate in setting the period of the disqualification", and said Mr Smith could have been assisted if he had been referred to comparable decisions in handing down the sentence.

Judge Bowskill ordered the Commissioner of Police, the respondent in the matter, to pay Miller $412.50 for the cost of the court transcript, but ordered each party to pay their own legal fees.

The Department of Transport and Main Roads was approached to try to ascertain the cost of rebuilding the section of the bridge that was damaged in the crash.

"We are in the process of negotiating an outcome with the parties involved in the crash at Aldershot," the spokeswoman said.

"For legal reasons we are not able to provide the cost of repairs to the bridge at this stage."

Topics:  maryborugh




Hervey Bay’s historic rugby league winning streak continues

EASY TRY: Joel McCrea breaks through uncontested for one of Hervey Bay Seagulls’ tries during their 50-0 win over Wests Panthers yesterday.

It's the first time Hervey Bay Seagulls have won this many in a row.

Brothers too strong for United; win minor title

FREE KICK: Brothers' Blake O'Brien assesses a free kick while United Warriors prepare their wall and (inset) United’s Isaac Harvey.

Brothers Aston Villa prevailed 4-0 against United Warriors.

Goal on debut earns Warriors vital victory

BATTLE: Brothers' Karina Bennett and United's Victoria Merrick fight for possession during Saturday’s Wide Bay League: game between United Warriors and Brothers Aston Villa at Hervey Bay Sports.

Warriors' 1-0 win could help United finish second.

Latest deals and offers

Reno stars want tradies to focus a little more on one thing

The Demmrichs want Tradies to look after their most important tool

Day 2 Splendour Pictures

Sticky Fingers perform at Splendour in the Grass 2016. Photo Marc Stapelberg / The Northern Star

Splendour in the Grass Day 2 covered in pictures.

WATCH: News reader tries her hand at hardcore shooter, Doom

Veteran journo and noob gamer takes a shot at Doom

What's on the small screen this week

MasterChef Australia's final four contestants, from left, Harry Foster, Elena Duggan, Elise Franciskovic and Matt Sinclair.

MASTERCHEF makes way for The Bachelor on Ten's reality TV slate.

Guy Sebastian a hit at Splendour in the Grass

Guy Sebastian performs at Splendour in the Grass with Paces.

REALITY TV judge a hit with festival crowd.

Superheroes of the big screen enjoy sounds of Splendour

CHRIS Hemsworth and his Avengers mates drop by Byron festival.

You can own this Queensland town for just $1

Yelarbon

Unprecedented auction of town's business centre with no reserve

Work starts on $15M Caloundra apartment building

Turning the first sod at the Aqua View Apartments site in Kings Beach are (from left) husband-and-wife developers Alex Yuan and Stella Sun with construction company Tomkins director Mike Tomkins and Councillor Tim Dwyer.

Developers excited about addition to Kings Beach skyline

72-year-old Coast developer set to start new project

GREEN LIGHT: The Cosmopolitan has been approved for development at Cotton Tree.

Meet the Canberran set to deliver another chapter for Coast suburb

Plans revealed for 1500-lot 'master-planned community'

Precinct will be bounded by Boundary St and Shoesmith Rd

Ecco Ripley sales run sparks prime release

MOVING IN: Sekisui House has announced the release of more residential blocks at Ecco Ripley.

Sekisui House is preparing to unveil more land at Ecco Ripley

The climb is slow but property on the way up

Michael Matusik, director of Matusik Property Insights.Photo Allan Reinikka / The Morning Bulletin

The improvement would be mild when compared to past cycles