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Flooded bike path leads to day in court

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No way through: The bike path between Mooroopna and Shepparton was inundated with floodwater, as shown by this photo taken on October 20, 2022. Photo by Monique Preston

A decision made because of last year’s floods has left one man with a hefty fine in court.

David McIntyre, 45, of Mooroopna, was caught driving without a licence, but his solicitor told the court he was doing so because he couldn’t ride his bike to work through flooded bike paths in November last year.

McIntyre pleaded guilty in Shepparton Magistrates’ Court to driving while suspended and stating a false name to police.

Prosecutor Leading Senior Constable Carita Thompson told the court police stopped McIntyre while driving in Elizabeth St in Mooroopna on November 27 last year.

He gave police his brother’s name and address, but checks on the police database showed he was not who he said he was and police identified him correctly from a scar on his finger, Leading Sen Constable Thompson said.

He then admitted he did not have a licence — after it was suspended due to demerit-point losses.

McIntyre told police at the time he was driving “just to get to work. I thought I could get away with it”.

McIntyre’s solicitor told the court her client normally rode his bike to work, but could not at this time because bike paths had been flooded and he felt guilty asking for lifts from others.

She said McIntyre was on his way home from working a night shift when he was stopped by police at 9am.

“He panicked and knew it was a foolish thing to do,” she said.

“He knows his actions were stupid.”

The solicitor told the court his client was responsible for his child’s care.

McIntyre was fined $1200 and ordered to pay $131.50 in court costs, but no conviction was recorded.

The magistrate also did not make any orders on McIntyre’s licence.