A court has been told the unusual argument a man used to fight a speeding ticket in the South Australian Supreme Court.
A South Australian man who fought a speeding ticket by arguing his car was fitted with larger-rimmed tyres, rendering the speedometer inaccurate, has lost his Supreme Court appeal.
A speed camera captured David Scylla driving a Mitsubishi Magna at 68km/h through a 60km/h zone at Golden Grove, north of the Adelaide CBD, in 2019, a published judgment reveals.
He pleaded guilty to the offence but applied to reduce the demerit point penalty because of modifications made to the car.
“Scylla gave evidence … the vehicle involved was fitted with larger-rimmed and higher profile tyres, such that the car was travelling faster than the speedometer indicated,” the judgment said.
“Scylla stated that he had done his own ad hoc testing, using different rims and tyres and one or more GPS devices.”
The magistrate involved in the case rejected his argument and last year imposed a fine, but Scylla lodged an appeal.
He told Supreme Court justice David Peek he put new 16-inch rims on the car six months after he bought it in 2014 or 2015.
“I put factory alloys so I can get better tyres, and that threw out the speedo a bit,” he said.
“(The magistrate) said that’s not evidence, I said Pythagoras and physics – a small circle spins faster than a big circle, what evidence to I need? It’s mathematics.
“I don’t have evidence that Amelia Earhart is dead, but I just presume we all know she is.”
Scylla disagreed with suggestions his argument was based solely on his own online research, telling the court: “I’m not some jerk that gets everything off the internet.”
He added he had a long driving record of “not running over anyone or cutting people off” and asked Justice Peek to “cut me a break as a blue-collar guy not on welfare”.
But the judge said the case was not atypical and there was no proper cause to reduce the number of demerit points applied.
He also said Scylla had challenged 12 speeding offences in court between December 2016 and August 2020.
In 10 of those cases, he had been successful in reducing the number of demerit points issued.
“I am entirely unpersuaded that that record somehow militates in favour of me yet again reducing demerit points on the present occasion,” Justice Peek said.
He dismissed the appeal and ordered Scylla to pay $500 in costs.