A WOMAN accused of flicking a lit cigarette butt out of a car window has been ordered pay triple the cost of her original fine and has had a conviction recorded against her after she unsuccessfully challenged the offence in court.

Kylie Schroeter opted to fight a fine of up to $500 issued to her after Playford Council officers spotted a smouldering cigarette butt being thrown out of the driver’s side window of her vehicle at the intersection of Main North Rd and Black Top Rd at Hillbank in August 2017.

The matter was heard in the Environment, Resource and Development Court, where Judge Jack Costello said the council officers, who took a photograph of the vehicle as evidence, had informed her she could “expiate the offence”.

“She elected not to do so but rather elected to be tried,” Judge Costello said.

“In a statutory declaration tendered to me by the informant, I note that she declared that she ‘did not do the alleged offence’ and said ‘can’t even see it’s me driving or the physical drop and could be anyone’s smoke on floor’.”

However, the court found Schroeter guilty of the offence under the Local Nuisance and Litter Control Act 2016.

As such, Judge Costello ordered Schroeter, who did not appear in court when the matter was first heard or when her sentence was handed down in March, to pay a council fine of $750, a Victims of Crime Levy of $160 and cover the council’s prosecution costs of $600.