BUILDER BLOCKED: Kailen Berthelsen has been disqualified from driving.
BUILDER BLOCKED: Kailen Berthelsen has been disqualified from driving. Paul Donaldson BUN120817HOUS3

Dead end defence: Bundy court slams man's traffic excuse

THE law of averages was not on Kailen Derek Berthelsen's side when he tried to use the principle to explain his "extraordinary" traffic record.

But the mathematical theory did not sit well with Magistrate Belinda Merrin, who slammed the 28-year-old for simply "not getting it" and having "no insight" into his offending which included five pages of traffic infringements and offences.

Berthelsen appeared in Bundaberg Magistrates Court on Thursday where he plead guilty to driving without a licence as a repeat offender after being intercepted driving along the Ring Road on March 1.

Police prosecutor Senior Constable Andrew Blunt told the court Berthelsen was at the time disqualified by demerit points, however he conceded when pressed by Ms Merrin that Berthelsen was fortunate not to have been charged with that offence, as it would have increased the mandatory minimum disqualification period.

But that was where Berthelsen's luck ran out as he tried to offer up the law of averages to explain his traffic history.

The married father-of-one told the court he ran three companies and employed nine staff, which meant he travelled upwards of 800km a week on the roads.

Berthelson tried to tell Ms Merrin that his traffic record had improved in recent years and the law of averages explained the numerous entries on his traffic history.

But Ms Merrin was having none of it and said it was in no way an explanation to justify or mitigate his culpability.

"I don't accept that at all," she said

"You've got such a bad record because you don't comply with the road rules.

"If you simply complied with the speed limit and didn't spend time on the phone ... it's simply about complying and it indicates you don't have any real insight."

Berthelson was warned by Ms Merrin that if his licence was so important to him because of his family and business responsibilities, then he should be especially mindful about driving in a manner that didn't put it at risk.

Ms Merrin also warned Berthelson that his "extraordinary five-page" traffic history was getting to the point where fines would no longer be an appropriate punishment.

"I'm not perfect, I'm fully aware of that," Berthelson conceded.

Berthelson was fined $500 and disqualified from holding or obtaining a drivers licence for two months.



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