SUTHERLAND Local Court magistrate Teresa O'Sullivan dismissed a case of a $135 unpaid speeding fine on Tuesday.
Matthew Keene, 39, of Gymea Bay, appeared in court after a fine was issued in his name for an offence in which his wife, Karen Newbury, was driving a car registered in his name at Miranda.
His wife told the court that she had been picking up their children from school on January 30, 2009 when the offence occurred.
The fine was for driving 55km/h in a 40km/h school zone at the Kingsway. The woman had their four children in the car.
Mrs Newbury told the court that she had put the fine notice in her bag and initially had not told her husband about the infringement notice.
Two days after the offence, she was again driving home with her four children on board this time on Picton Road when she was involved in a crash in which a motorcyclist died.
She said that the event was ``very traumatic'' and her son who was in the front of the car was particularly affected by the crash. The family, including her husband, had received counselling.
Mrs Newbury said that she forgot about the speed infringement notice.
The couple had previously filled out two statutory declarations about the speeding fine, the first of which was not accepted.