Hoon’s car seized for three months

22 January 2010

BY TIANA RAY

A 20-YEAR-OLD Portland man has become the first person in the Glenelg Shire to have his car impounded for longer than 48 hours, and will be without wheels for three months for his hoonish behaviour.

Leigh Marlow, of Kennedy St, pleaded guilty to two charges of careless driving and one charge of improper use of a vehicle, when he appeared in the Portland Magistrates’ Court on Tuesday.

Police prosecutor Senior Constable Kevin Mullins said that, on March 27 last year, the probationary driver was driving his Holden Commodore wagon along Rossdell St in Portland, turned into Findlay St and accelerated around the corner, causing a rear wheel to spin for about six to seven metres.

“The bitumen had been resealed about 15 minutes previously and, due to the driving, the road surface broke,” Sen Const Mullins said. However, when interviewed by police on May 25, Marlow said the road surface had caused the wheel to spin and it had not been intentional.

Sen Const Mullins said that, on July 23 at about 1.55pm, Marlow was seen driving south along Wellington Rd when he turned left into Findlay St and ‘fishtailed’ the car — from left to right and back to left — for about five seconds. He had then made a rude hand gesture at a woman who motioned for him to slow down, and accelerated the car towards Barkly St.

“This happened beside an ABC Childcare Centre that had about 80 children in attendance at the time,” Sen Const Mullins said.

A week later, on August 1 at about 9.35pm, a police officer in an unmarked vehicle saw Marlow driving along Hurd St and then accelerate at the roundabout at the intersection of Hurd and Tyers streets. This caused the car to ‘drift’ around the roundabout for between 10 and 15 metres before the car slid 90 degrees and fishtailed out of the roundabout.

Sen Const Mullins said the Marlow was pulled over by the officer, and when asked about his driving he had admitted he had watched too many movies about ‘drifting’.

Marlow’s car was impounded for 48 hours at his own cost after the third driving incident.

Marlow’s defence counsel, John Perry, of HBH Legal, said Marlow had lost his job about 12 months ago and the driving could have been a case of boredom or too much time on his hands.

Mr Perry said it was more appropriate for the car to be impounded for three months, rather than be seized, because his client was looking for work and would need a licence and car to look for employment.

Magistrate Ron Saines said the three incidents were prime examples of hoon driving.

“It is hard to think of stronger examples of hoon driving, this is exactly the type of driving the parliament has expected the courts to deal with for more than three years now,” Mr Saines said.

Mr Saines said he would have believed Marlow about the road surface causing his wheel to spin in the March incident if he had stopped after a metre or two of driving without traction, but after six to seven metres it was hoon driving.

“The last two incidents were much more significant. In the presence of a crèche and flicking the bird says to me please take my car off me because I am not grown up yet.”

Mr Saines acknowledged it was harder on people in regional areas to lose their licence, but said a period of suspension was appropriate; especially considering Marlow had prior convictions for driving offences.

On the first charge of careless driving Marlow was convicted and fined $300; for the second charge of careless driving he was convicted, fined $400 and suspended from driving for three months; and on the final charge of improper use of a vehicle he was convicted and fined $400 plus $66.60 costs and was suspended from driving for five-months. The licence suspensions were to be served concurrently, meaning Marlow would be of the road for five-months.

Mr Saines also granted the application by Leading Sen Const Doug Hetherington for Marlow’s car to be impounded for three months, and ordered that it be surrendered to a Preston impound yard by February 2.

Portland police officer in charge of the traffic management unit Sergeant Bob Meek said the impoundment was a timely reminder to other road users after a number of hoon driving incidents in the area in the past month.

“In the last few weeks we have had several incidents of hoon driving; last weekend a 20-year-old Portland man was detected at 179kms and had a blood alcohol reading of .032 per cent, with a female passenger on board; on New Year’s Day a 20-year-old Melbourne man was caught near Hamilton doing 160km/h and had a blood alcohol reading of 0.1 per cent, and on December 30 there was the collision on Cape Nelson Rd where a 21-year-old Portland man crashed and injured a 20-year-old Portland woman after travelling at high speeds,” Sgt Meek said.

“Every opportunity we get to seize cars when people are doing the wrong thing we will.

“We will continue to target the small percentage of people that the message isn’t getting through to.

“These people are creating the problems and while people drive like this we will have trauma on the road.”