A Queensland man has taken his fight against a $1000 fine for not wearing his seatbelt to court, arguing the government's evidence against him is inconclusive.
Gavin Storkey was slapped with the hefty fine after a roadside camera allegedly detected him in the Gold Coast with his seatbelt underneath his arm instead of over his shoulder, Nine News reported.
Yet passenger Gavin stresses he was wearing his seatbelt properly and says it is "impossible" to prove he wasn't from the image provided.
"I have been a good citizen, (I've) never been in trouble with the law, I'm struggling to pay (my) mortgage and keep my small business afloat, and now I am being sent to trial over a seatbelt photo for a $1000 fine, " he told Nine.
Gavin has taken the matter to court, claiming he wasn't given the option to dispute it with the state government. However Queensland Treasury told Nine the option is available via its website, which Gavin says he was unaware of.
A letter accompanying his fine states Queensland Transport believes the seatbelt was "under the arm", however Gavin believes the image shows it over the shoulder.
He stressed he "never" wears his seatbelt under his arm due to safety concerns.
Gavin appeared in court earlier this month and pleaded guilty, with his case stood over until January.
In January, one Gold Coast resident fumed after his partner was caught briefly with her arm above the seatbelt.
"She's leaned up to adjust her sun visor and put her arm through the shoulder strap to do that," he said. "I think that's disproportionate and unfair , unjust actually."
The man also complained his partner had been 'upskirted' by the camera which had detected the offence.
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