Toby Mitchell walks away with court win

A decision by Toby Mitchel to contest a minor infringement issued by police has proven successful for the ousted bikie boss.

Ousted bikie boss Toby Mitchell has had a win in court with police backing down over a traffic infringement.

Ousted bikie boss Toby Mitchell has had a win in court with police backing down over a traffic infringement.

The former Mongols chief was stung with a $165 fine after he was caught driving the wrong way down a one-way street in November 2020.

Police had accused Mitchell of driving against a directional arrow at Fawkner St in Southbank.

But the former champion kickboxer Mitchell opted to fight the matter in court arguing he had no choice as part of the street was blocked off due to road works.

And on Tuesday, police prosecutors acceded – withdrawing the single charge.

Mitchell did not appear in court, with his lawyer Theo Magazis instead confirming the matter had been struck out after Mitchell’s legal team provided material supporting his defence.

“There was no other way that he was able to exit that road,” Mr Magazis told the court.

Magistrate Andrew McKenna confirmed there would be no hearing of the matter as the position taken by the prosecution is that “the accused is innocent of that charge”.

Mr Magazis said he was “grateful” to the prosecutors to which Mr McKenna replied; “well, yes … you drove them to yield Mr Magazis”.

The single charge against Toby Mitchell was withdrawn.

It comes as Mitchell last month successfully appealed a two-month jail sentence over a drunken pub slap.

Mitchell was in the border town with more than 100 bikie brothers riding through the streets for his birthday before he was caught on CCTV hitting a man in the face on November 28.

The court heard the man allegedly abused Mitchell’s partner after she suggested he leave, prompting the bikie to get out of his seat, walk around the table and strike the man in the face.

The exiled Mongols was instead re-sentenced to a 12 month community corrections order after Judge George Georgiou said he was not satisfied the only sentence available is a term of imprisonment.

Judge Georgiou also accepted Mitchell had been provoked by the victim who was drunk and, without invite, had spent up to an hour hanging out with the bikie and his partner.

Mitchell was slapped with a $2500 fine and must undergo treatment and testing for alcohol abuse, undertake mental health assessments and participate in rehabilitation programs.