Millionaire fights $219 traffic fine
A MILLIONAIRE businessman who is fighting a $219 traffic fine for crossing the white line while riding his Harley Davidson motorbike will have to wait until later this year to hear if he has won his appeal.
On Thursday Lev Mizikovsky's barrister told the District Court that the fine Mr Mizikovsky was given for crossing the line on December 4, 2016, is invalid because the Acting Magistrate made in error in ruling that he had broken the traffic rules.
Mr Mizikovsky, who is reportedly worth up to $100m including a stake in home builder Tamawood, was fined by police when he rode his motorbike along a Mt Nebo Rd at Mt Nebo, just west of Brisbane.
The police officer who fined him believed Mr Mizikovsky's bike was over the line for about two seconds or 12 metres.
When stopped and asked why he was over the line, according to court documents filed by the police, Mizikovsky told the officer: "Uh, I didn't think I was".
It is the second time Mr Mizikovsky has fought the police in the District Court over this fine.
He won in 2018 and it was sent back to the Magistrates Court for a rehearing by a different Magistrate, where he lost again.
Barrister Timothy Ryan argued the Acting Magistrate who heard the case in the Magistrates Court last year had erred by inverting the onus of proof, and failed to use the correct legal test for assessing whether Mr Mizikovsky's explanation for his belief of whether he crossed the line was reasonable.
It is submitted that had the correct test been applied... at the very least the prosecution could not have excluded beyond reasonable doubt that there were reasonable grounds for my clients belief and that the charge should be dismissed."
The court was played a video recording made by the motorbike-riding police officer who was riding behind Mr Mizikovsky when he allegedly crossed the line as he rode a sweeping left hand bend.
The police officer began the video recording after noticing Mr Mizikovsky drift across the line, counsel for the Commissioner of Police, Jennifer O'Brien, told the court.
Ms O'Brien told the court that Mr Mizikovsky's appeal should fail because the Magistrate did apply the correct legal test for mistake of fact.
She also submitted that Mr Mizikovsky was trying to argue both that he didn't think he crossed the line, and that he crossed the line to avoid a hazard on the road.
Ms O'Brien argued that there was no evidence that there was an obstruction on the road that Mr Mizikovsky was avoiding by crossing the line.
Judge Jennifer Rosengren has reserved her decision. It is expected to be handed down later this year.
Originally published as Millionaire fights $219 traffic fine