Western Downs man opposing Toowoomba speeding fine admits to using illegal radar devices

A pensioner who originally profusely contested a Toowoomba speeding fine quickly changed his mind after he was told the device he relied on for his defence was illegal.

Chinchilla man, David Roy Widdon Picture: FILE // Naomi Jellicoe

A pensioner who indicated he wanted to dispute a speeding fine told a Toowoomba court his evidence relied on an illegal device which put the Western Downs man at risk of being fined with further offences.

Chinchilla man David Roy Widdon travelled to Toowoomba Magistrates Court on Thursday, November 14, expecting to self-represent himself via a hearing for one charge of driving 7km/h over a 60km/h zone speed limit.

However, the 66-year-old had yet to collect the brief of evidence and the speeding charge was only before the court for a mention.

Widdon told the court he planned to dispute the fine that occurred at the McDougall St and Bridge St intersection at Wilsonton on September 27.

“I’m pleading not guilty because of these,” Widdon said, while pulling two radar detection devices from a shopping bag.

Police prosecutor Chris Willson said the defendant may need to be cautioned if he intended to rely on the devices which were illegal to possess in Queensland.

Widdon interjected telling the court that speedometers “can be out by 10 per cent” and he relied on the devices as the speedometers in his Kia did not work and the company refused to rectify it.

Senior Constable Willson reiterated to Mr Widdon: “I’m just making you aware that if you rely on radar detection devices you are committing an offence”.

“I realise these are illegal but like I said, how do I know what speed you’re doing when nobody’s speedos work?” Widdon said.

“I invested in these because I have no idea what the real speed of my car is going.”

Magistrate Michelle Dooley told Widdon that Senior Constable Willson was merely warning him that if he were to “rely upon evidence of a device that is illegal in Queensland, well you’ll have to go to parliament to get them to change the law there but short of that, you’re probably putting yourself at jeopardy”.

Ms Dooley twice stood the matter down to allow Widdon to seek advice.

Appearing as friend of the court, solicitor Hamish Chapman appeared for Widdon, who had changed his mind and entered a plea of guilty to the speeding charge.

“This is the first opportunity that Mr Widdon’s had to speak to a solicitor, regrettably Legal Aid (Queensland) doesn’t fund duty lawyers for traffic matters,” he said.

“So, sometimes we have situations like this where somebody might unfortunately not have been able to get advice.

“He’s spoken to me today – it’s a plea almost immediately.”

Mr Chapman submitted given the personal costs the hearing-impaired man had incurred travelling to and from courts the court fees be waived and the ticketed amount be imposed.

Ms Dooley agreed and finned Widdon $309.

No conviction was recorded.

Originally published as Western Downs man opposing Toowoomba speeding fine admits to using illegal radar devices