Dangerous driving ruling may be appealed

Police are thinking about appealing a judge’s decision to acquit a teen of dangerous driving after he was clocked at 148kmh in an 80kmh area.

Yesterday, a spokeswoman said police ‘‘will be considering the facts of this case before taking any further steps’’.

Napier law student Kingston Webb was on Tuesday acquitted by Judge David Harvey in Napier District Court.

Webb, 18, was driving his Suzuki Swift north along State Highway 2, alongside Hawke’s Bay Airport about 7.40pm on November 1 last year when he was clocked at 148kmh. After being pulled over by a police officer, Webb was automatically suspended from driving for 28 days and charged with dangerous driving. Webb told the court he knew the road well, travelling it several times a week and he was familiar with road works in the area. Judge Harvey acquitted Webb of the charge then amended it to one of driving at excessive speed.

Webb was fined $400 and ordered to pay $130 court costs. He was not disqualified from driving.

The judge, citing established case law, said speed alone was not sufficient to establish dangerous driving. He said the road was relatively straight, it was two lanes narrowing down to one, the seal was good, the road conditions were good, the car was a relatively late model and in good condition, there were no driveways or other roads opening on to the highway, no parked cars and there were no other vehicles in the immediate vicinity, the lighting was relatively good, and Webb was not driving erratically.

The Automobile Association said going 148kmh on any stretch of road was dangerous.