Australian cricket legend Shane Warne has dropped a speeding violation and avoided a possible driving ban on the eve of The Ashes.
Warne, 49, was wrongly convicted of violating a speed limit of 40 km / h in a rented Jaguar car under the controversial “Single Justice Procedure”, a judge ruled today.
Now the former test star in England to comment on The Ashes starting Thursday, will be tried later in the year for speeding offenses.
The I & # 39; m a Celebrity … star was confronted with a driving ban in Great Britain after being caught 47 km / h on an exit to the A40 in Kensington, West London.
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Warne behind the wheel with former fiance Liz Hurley on the passenger seat in November 2011
He was convicted in his absence by a single lay judge who was private in April.
The former fiancée of Liz Hurley, greeted as one of the biggest cricket bowlers ever, had his conviction annulled today and settled a lawsuit after he then brought in a non-guilty plea.
But the trial before the Wimbledon court today was suspended in his absence due to legal details after three hours of legal arguments.
Deputy Judge Adrian Turner decided to postpone the trial after it appeared that the prosecutor had not sent evidence of a proposed prosecution to the rental company, Hendy Group Ltd, in Eastleigh, Hants., Within a legal period of 14 days.
The Aussie cricket legend is currently in England to comment on the Ashes
Warne lives in a house of several million pounds in Maida Vale, West London, less than a kilometer from where he was reportedly caught by a camera on August 23 last year at 6.29.
Trevor Green, prosecutor, said: & quot; As a result of activating that speed camera, a notice of prosecution was sent to his London address, W9, informing him. The date of the letter was September 17. & # 39;
The case was briefly suspended to check that Warne did not have the defense of not receiving any papers within 14 days.
David Beckham received a speed conviction after his lawyer Nick Freeman, & # 39; Mr. Loophole & # 39; , claimed that his letter of formal notice was served one day late, last year.
Mr. Green said: & # 39; In essence, the car was a rental car.
& # 39; It was Hendy Group ltd, who was written when the registration number lights up. It is a rental group that is being written on August 31, so within that 14-day period. & # 39;
But deputy judge Judge Adrian Turner, referring to an earlier ruling that allowed the trial to continue, said: & it appears in my earlier ruling when I said evidence was served, I was only partially right because there was a failure and a failure in the evidence needed to prove the case.
& # 39; It is a long-standing fundamental rule that for most traffic violations, if the defendant is not notified in the time of the intended prosecution, he must be notified within 14 days. & # 39;
He explained that two exceptions to the rule were an accident or that the police proved that they & # 39; reasonable diligence & # 39; had done to notify the suspect and added: & # 39; But there must be evidence.
& # 39; There is nothing to address the need to track him down through a rental company or to deal with reasonable diligence in general. It is a fatal omission.
& # 39; To be honest, the only justice should never have been condemned, but if you did, you can understand why the Crown thought it served a sufficient cause.
& # 39; The defense has already asked me to postpone and then have the opportunity to prepare a defense.
& # 39; It is in the interest of justice that there is a proper lawsuit. & # 39;
The time registration noted that it & # 39; four minutes for one & # 39; was for the half-day trial, added: & # 39; I'm going to pick up punches for the day and say that the game should be resumed at a later time. & # 39;
The Public Prosecution Service was given 14 days to & # 39; any proof that could be relied upon & # 39; and the process was postponed until September 23.
The career of the former Australian cricket captain has been pursued with a series of controversial infidelity.
Warne, who has three children with his ex-wife Simone Callahan, withdrew from the international cricket at the end of the Australian Ashes whitewash victory over England in 2007.
He became engaged to the English actress Elizabeth Hurley after being portrayed while kissing 2010, but the wedding was canceled three years later.
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