Loophole sees a motorist’s charge dismissed after he was fined and sent to court for leaving his car windows down
- David Allen contested a $114 ticket for leaving car window down on January 28
- Magistrate Michael Antrum dismissed the charge in Downing Centre court
- Law says when away from car, windows can be open maximum two centimetres
An Australian human rights lawyer who took a minor traffic fine he said infringed on his freedom to court had the case dismissed after the magistrate used a technicality to dismiss the charge.
David Keith Allen was fined $114 after leaving the windows of his Kia Serato down while he was buying milk on Spicer Street, Woollahra in Sydney’s east on January 28, 2021.
He took the matter to Downing Centre Local Court, where he pleaded guilty, but pointed out he had taken his keys so nobody could steal the car, The Sydney Morning Herald reported.
Lawyer David Allen left his car windows down when he dashed into a shop to buy milk on January 28, 2021 – and received a $114 fine for doing so, even though he took his car keys with him
Allen said he thought he had a parking ticket but his offence was actually leaving his car windows too far down
The New South Wales road rules state if a driver is further than three metres from their vehicle, they must raise the windows to less than 2cm from fully closed, and lock the doors.
The law is obscure and appears in a consolidated regulation dated 2014, but not in the current Road User Handbook.
Allen told magistrate Michael Antrum ‘I don’t understand’ the offence, adding that others he had mentioned it to were ‘equally surprised’.
While Mr Antrum pointed out the law was designed to reduce insurance premiums for the community, he also joked it was a ‘grievous crime’ and added other magistrates ‘have scratched their heads as well’ over the law.
Mr Antrum found the offence was proven but dismissed the charge.
His unusual decision was made under a subsection of the 1999 Crimes (Sentencing Procedure) Act which states ‘Without proceeding to conviction, a person the court finds guilty of an offence may make … an order directing that the relevant charge be dismissed.’
In NSW it is an offence to leave your car windows down more than 2cm if your vehicle is unattended
Outside the court Allen slammed the offence calling it ‘trivial’, then asking ‘Why should the state interfere with my freedom to leave my windows down on a hot day?’
He added that the state is ‘constantly encroaching on people’s freedom of choice and the freedom to accept risk’.
He also said the matter was a waste of court and police time.
Allen is an independent legal and human rights consultant from Sydney who has worked with indigenous organisations and was involved with the Royal Commission into Victoria’s mental health system.