Brayden Simon: King Creek tradesman loses red P-plates after new speeding offence

A young soon-to-be dad from King Creek has learned his fate after adding another traffic infringement to a long list.

An expecting father from King Creek has been looked upon favourably in Port Macquarie local court, despite magistrate Georgina Darcy’s comments noting his poor traffic record.

Brayden Simon was caught speeding on Cameron St, Wauchope at 2.20pm on Friday, January 19.

This has been the 22-year-old’s only traffic offence so far this year, but he has a number of others on his record.

This has been Brayden Simon’s only traffic offence so far this year, but he has a long list of others on his record dating back to 2016.

In the past, he’s been caught speeding multiple times, driving prohibited vehicles, using his mobile phone while driving, drink-driving and driving while disqualified.

A speed camera spotted his red Holden Rodeo with red P-plates going 57km/h in the 50km/h zone between Maher and King streets.

Simon received a $124 fine in the mail, but appealed for the licence suspension period to be varied due to his need to drive.

His lawyer, Michael Giles, told the court his client’s licence was essential for his work, which supports his partner and coming child.

“History doesn’t give him the benefit of a first offence (and lessened punishment),” Mr Giles admitted.

“But he’s a young man that lives with his partner and works in the community, so perhaps (your honour would consider) a reduced sentence so he can continue to earn money to support his family.”

Mr Giles explained that, due to the nature of his client’s trade, it would be difficult for Simon to continue working.

“He works staggered shifts, often in different locations,” Mr Giles said.

The defence also noted the lower-end of seriousness, given Simon was caught doing less than 10km/h over the limit.

The police prosecutor agreed, noting the lower-end of seriousness of the offence, but also referred to the multiple demerit points Simon had lost in the past.

The magistrate, Ms Darcy, accepted that Simon’s traffic history didn’t do him any favours.

Brayden Simon appeared in Port Macquarie local court today, where he asked the magistrate to consider a variation on his licence disqualification.

“You don’t have a very good traffic record, so it’s difficult,” she said.

“With your record, you need to be vigilant and make sure you’re sticking at or below the speed limit.”

Ms Darcy considered the seriousness of the offence, agreeing with both the prosecution and defence that 7km/h over the limit did not warrant a three-month suspension.

“This is on the lowest, really, end of the spectrum,” she said.

“But you’ve got a lot of responsibility coming (with your pregnant partner) and it would be hard for you to work without a licence.”

However, Ms Darcy did acknowledge that Simon had done everything right in terms of appealing the suspension, praising him for not driving while disqualified again.

“It’s positive you’re doing the right thing in seeking a variation through the court (instead of driving without a licence again),” she said.

“It shows you’ve matured since then.”

Ms Darcy said she was satisfied that the minimum disqualification period of three months was disproportionate given the circumstance surrounding the case.

She reduced Simon’s punishment to a 14 day suspension starting Thursday, April 14.