Brian Benter overtakes unmarked police car at 168km/h, pleads guilty at Portland Magistrates’ Court

A Heathmere motorcyclist has been caught speeding at 168km/h after he overtook an undercover cop.

A Heathmere man has been caught travelling at speeds as high as almost 170km/h after he overtook a police car in Victoria’s southwest.

Brian Neil Benter faced the Portland Magistrates’ Court on Tuesday, pleading guilty to traffic offences.

During the evening of March 18 this year, the 53-year-old was riding his son’s motorbike along a country highway in Victoria’s southwest when he overtook the unmarked police car in a 100km/h zone.

He was immediately pulled over and taken to the local police station.

His son drove the bike to an impound lot where it remained for 30 days.

Brian Benter appeared at the Magistrates’ Court, pleading guilty to driving offences. Picture: Jack Colantuono

In a police interview, Benter was apologetic, saying “it is what it is”, Senior Constable and prosecutor Greg Kew said.

Benter’s lawyer Julia Ray said the cattle farmhand “simply gave the motorbike too much juice” when he was overtaking and the speed was accidental.

It was “not a case of hooning”, she said, he was “just overtaking”.

Ms Ray said Benter was focusing on the roads around him as they were poorly maintained, rather than paying attention to the speedometer.

He didn’t realise the vehicle he overtook was in fact an unmarked police car, she said, and was remorseful about the offence.

The driving conditions were good and there was minimal traffic on the roads, Sen Constable Kew conceded.

Benter is the sole income earner for his wife and mother-in-law, who is in their care.

Magistrate Nunzia La Rosa said he was forced to uphold the automatic 12 month loss of licence — a minimum penalty for speeds that high — but recognised it would have a “significant impact” on Benter’s life, as he lived 25km from his workplace.

“This is a charge that brings a lot of people unstuck,” he said.

However, Mr La Rosa said he felt for Benter remarking Portland was “not Melbourne” and he didn’t have “trams, trains and buses” around the corner.

“Have a chat to your friends,” he said.

“They (also) can’t afford to let their guards slip.”

Benter was ordered to pay $200 to the court contribution fund and issued with a six-month good behaviour period.