A North Albury man who took off at speed on his motorbike should probably thank police for not charging him with a more serious offence, a magistrate has said.
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Adam Perez was told just how fortunate he was when he fronted Albury Local Court this week on a disqualified driving charge. It was the second time Perez, 25, had faced such a charge.
“You’ve a bad record in the last three-year period,” magistrate Tony Murray told Perez.
Mr Murray pointed out how Perez was stopped not by police but by the fact his motorbike ran out of petrol.
“It’s getting very close to a police pursuit,” he said.
Perez pleaded guilty when he fronted court on the charge, for which he was convicted but he will not learn his sentencing fate until September 13, with Mr Murray ordering the preparation of a short-options pre-sentence report.
The court was told how Perez was heading south on Elizabeth Mitchell Drive, Thurgoona, on June 24 about 2.30pm when he was seen by a highway patrol crew travelling at 88km/h in an 80km/h speed zone.
Police noticed the motorbike, a KTM EXC-F Enduro, had no mirrors and appeared suited to off-road racing. They did a u-turn and tried to intercept Perez at the intersection of the Riverina Highway but Perez had accelerated sharply when he turned on to the highway.
A short time later Perez was seen to slow down, before stopping on a grassed shoulder at the side of the road. When police pulled over beside Perez, they noticed he was trying in vain to start the motorcycle.
“It’s run out of petrol anyway,” he told them. He was asked for his licence, but said he did not have one.
A close inspection of the motorbike revealed the Victorian registration plate had been hastily attached with a screw.
Perez admitted the plate did not belong to the bike as “I took it off Dad’s bike to put on this one”.
Police had no doubt Perez’s only plan was to flee.
“The manner of driving demonstrated by the accused indicated he had no intention of stopping for police until an unforeseen incident of running out of petrol forced him to stop … ,” police told Mr Murray.