Lingqing, Zachary Su: Man takes failed driving test to court
A 34-year-old law student thought he’d nailed his driving test only to be told he’d failed having allegedly not checking his blind spots 10 times. So incensed he has decided to take the matter to court, claiming the examiner treated him unfairly and that he’d been discriminated against.
Inner West
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An aspiring lawyer who failed his driving test after allegedly not checking his blind spots 10 times has sought to appeal the decision in court.
Zachary Su, 34, also known as Lingqing, sat his driving test at Chatswood’s Service NSW hoping to leave with his full licence on July 30.
Yet Mr Su, who works in the finance industry and studies law part-time, said he was shocked when he found out he failed after his 30-minute driving test and promptly made an application to the court.
In a letter tendered to the court, the Olympic Park man said he failed because the examiner said he did not perform his shoulder check 10 times.
Yet Mr Su claimed he dramatically turned at 90 degrees angles to perform the checks during his test to which the examiner allegedly replied “yes you did but you are just looking at the mirror.”
He further said he held a full international licence and had been driving in NSW since 2014 and said he scored 100 per cent in the driver knowledge test.
In his grounds of appeal he wrote, “I believe I have the ability to demonstrate driving in a safe (sic) and legal manner. I feel like the examiner is not treating me (sic) fairly.”
He further claimed he had been “discriminated” against yet did not expand on the reasons why.
Mr Su who was self-represented donned a navy suit and black frames as he fronted Burwood Local Court on Monday.
In court, magistrate Lisa Stapleton told Mr Su that he should be aware it would be a long legal process and that if it were to go ahead the consideration would not be on whether he was discriminated but whether he is a” competent driver.”
“The only way to examine that would have to be a driving examiner or a retired examiner who has written publications… who would have to satisfy the court that you are competent,” she told the court.
“It is a torturous process which you can do…”
On his claims of discrimination, the magistrate said “this is not about discrimination.”
“No one is discriminating against you.”
The magistrate said she wasn’t telling him what to do yet asked him if he wanted to consider getting legal advice.
“What do you want to do?” she asked.
“I’ll think about it,” he said.
Outside court, Mr Su told The Inner West Courier, “Normally I would take another exam. It would be quicker. But I don’t think it’s fair for the examiner to have a lot of power in whether you pass or not.”
“She said I didn’t do the shoulder checks ten times in 30 minutes.”
Yet he claimed that was not the case. “That statistically didn’t happen,” he said.
When asked whether he is going to pursue the matter he said he’s not yet decided.
“It’s her words against mine. It’s hard to prove it. I don’t know yet.”
The matter was adjourned for Mr Su to seek legal advice.
He will reappear in court on September 28.