Ari Singer sentenced over high speed reading in Moorabbin Magistrates’ Court
An Elwood father of three who claims there is no way he would hoon in his Tesla with the kids on board because it would have warned him has lucked out in court.
South East
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A family man who took on police over claims he was busted doing 115km/h in a 70km/h zone in his new Tesla because “the car will alert me when I’m over the limit” has failed to convince a magistrate.
Ari Singer, 40, was found guilty in the Moorabbin Magistrates’ Court on Wednesday of doing 45km.h over the speed limit on December 18, 2021.
Singer, of Elwood, pleaded not guilty at an earlier hearing in May, saying the police allegations were “absurd”.
Singer’s lawyer Warwick James Walsh-Buckley told the court his client had “established evidence contrary to the allegations”.
“He says he was aware the speed limit was 70km/h, and that there was no way he would be driving that fast with his kids in the car,” he said.
The court heard Singer had denied the speeding from the moment he was intercepted, saying he would “absolutely not” drive at that speed with his children present.
“I have no reason to believe I was travelling more than 70km/h,” he told police.
“The car will alert me when I’m going one kilometre over the limit, I didn’t hear any specific warning.”
In previous arguments, Mr Walsh-Buckley had also questioned Victoria Police’s decision to not call an expert to speak on the accuracy of the speed radar.
In court on Wednesday, Magistrate Katherine Rynne said there was not a requirement for police to do so.
“There is no compelling evidence to suggest the radar was faulty, or not operated correctly,” she said.
“The evidence from prosecution was sufficiently compelling and consistent. I’m finding the charge proven beyond reasonable doubt.”
Ms Rynne said she “wasn’t satisfied” with Singer’s denials.
“In consideration of the evidence from both parties, I’m not satisfied that Mr Singer’s denials are compelling enough to create reasonable doubt,” she said.
“There were no faults on the day with the device and the defence has not made any application for the records.”
Mr Walsh-Buckley asked Ms Rynne to sentence Singer without a conviction.
“My client is 40 years old, and the father of three young children,” he said.
“He’s since sold the Tesla in question, he’s been driving for 22 years and was staggered at the suggestion that he’d speed.
“I’m asking that you consider not imposing a formal conviction.”
Ms Rynne indicated she wasn’t imposing a conviction rather reinstating the original fine of $772
His licence was also suspended for the mandatory six month period.
gemma.scerri@news.com.au
