THE 85-year-old man responsible for killing Mareeba woman Suzanne Daniel in a hit and run realised he had hit something but thought it was a guide post and drove on.

William James Alexander Spence, of Muttaburra, 114km north of Longreach, yesterday walked from the Mareeba Magistrates' Court with a three-month suspended sentence after pleading guilty to driving without due care and attention.

He was also disqualified from driving for two years.

Ms Daniel, 55, was killed instantly in April while riding her bicycle along the Kennedy Highway at 6am.

The lawyer representing the World War II veteran, who would not give his name, told the court Ms Daniel's death was a tragic outcome of a "momentary" lapse of concentration.

He said Mr Spence had used his left hand to switch on an anti-fogging device and in the process veered to the left and struck Ms Daniel.

"He thought it was a guide post but tragically it was a cyclist," he said.

"He stopped and saw the damage which was consistent with hitting a guard post and thought nothing more of it.

"He became aware of what happened when his daughter contacted him at The Lynd."

The lawyer argued against a jail sentence and asked magistrate Tom Braes not to disqualify his client from driving as it would cause him financial hardship.

"This is not a case of flagrantly driving at speed and flagrantly breaking the road rules," he said.

"The offending was not severe but the consequences were."

The hard-of-hearing Mr Spence broke with protocol yesterday and stood directly in front of Mr Braes when he handed down his judgment so he could hear the outcome.

"You are obviously a person of good character and respected by your community," Mr Braes said.

"(But) as a consequences of your driving someone has died."

He told the elderly man if he broke the law within the next year, he would be sent to jail to serve his suspended sentence.

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