A DRIVER who was charged for driving with snow on her roof has had the matter dismissed in court, with the magistrate ruling it was a minor offence not suitable for diversion.
The defendant appeared in court last week, explaining she had driven up the mountain for many years and always cleared snow where she could reach.
“It’s a high car, and while I haven’t driven here a lot, I’ve been up to Hotham regularly,” she told the court.
“And it’s never caused any issues or been unsafe.”
The prosecution argued the charge was a safety issue, stating that cases like these were regularly prosecuted as snow left on a vehicle could pose risks to other road users.
However, the magistrate disagreed that the matter was appropriate for diversion, describing it as minor in that context.
“You can prosecute them until your hearts’ content,” the magistrate said.
“But it’s still minor and not what diversion was intended for.
“This won’t impact someone’s character in the future.”
The defendant suggested authorities improve signage and warnings about the issue for drivers in alpine areas.
The magistrate dismissed the matter under Section 76 of the Sentencing Act 1991, resulting in no conviction or further penalty for the driver.
