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QLD Car Accident following U-Turn - Photo Evidence of Broken Lines?

Discussion in 'Traffic Law Forum' started by pat, 14 July 2014.

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  1. pat

    pat Well-Known Member

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    I was involved in a two car collision while performing a u turn and taken to trial.The judge after squinting at a google map supplied by the opposition concluded that there were continuous double white lines on the road at the scene of the accident. my barrister asked me at that point if the lines were continuous or broken and i told her that i thought they were broken lines.she did not bring this to the judges attention.

    In her verdict judge stated that as there were continuous double white lines she concluded that i therefore made an illegal u-turn .

    After trial i drove to the scene and took the photos clearly showing multiple broken lines.I did not make an illegal u-turn .

    I therefore feel that i wish to seek a miss trial.or appeal.

    I have attempted to get legal advice as to a validity of my argument but cant seem to get any .
    can you help me if i have good grounds for appeal under Traffic Law and can you help me what steps i should take?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Pat,

    Can you answer the following questions:

    - In which court was this verdict made?
    - In which State or Territory was this?
    - What were the exact charges you were found guilty of and now wish to appeal? If you can provide the legislation and section number under which you were charged, this would be helpful.
     
  3. pat

    pat Well-Known Member

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    Hi Sarah.I am in QLD.it was coolangatta magistrates court.I was not charged with an ilegal U turn but the judge claimed I made an ilegal U turn in her verdict.she found me 100 percent liable and ordered me to pay 30,000 in liability .
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Pat,

    You may appeal against a conviction, if you originally pleaded 'not guilty'. The appeal will be to the District Court in Queensland. You will need to make an application to the District Court for permission to appeal, detailing which ground(s) you wish to make the appeal. The District Court may then either hear your appeal or refuse your application.

    You have 1 month from the date of order to make your application (called "Notice of Appeal"). You may apply to the District Court for an extension of this time limit.

    You may appeal on two grounds:
    - Sentence: if you believe the sentence you received is too harsh or inappropriate;
    - Mistake: if you believe there was a mistake made leading to your conviction.

    The question is: (i) would you have been found guilty of the present charge, or would the court likely have found you guilty of a lesser charge, had they taken your evidence into account rather than accepted the fact that you made an illegal U-turn? Or (ii) would you have likely received a lesser sentence or more appropriate sentence?

    The appeal judge will not re-hear the trial, but will hear the legal argument regarding the mistake. This means that the mistake in fact has to significantly affect one of the legal elements relied upon by the Magistrate in coming to his/her decision that you were guilty of that particular crime.

    This would depend on what charge/crime you were actually found guilty of. It could be that even if you had not made an illegal U-turn, you would still be guilty of this current crime.

    I would advise you to seek proper legal advice on this matter.

    For more information, see:
    - https://www.qld.gov.au/law/sentencing-prisons-and-probation/appealing-a-court-decision/
    - http://www.courts.qld.gov.au/__data...e-Magistrates-Court-to-the-District-Court.pdf
     
  5. Phildo

    Phildo Well-Known Member

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    Too late now, but you should have taken photos with a digital camera and gotten them printed at somewhere such as OfficeWorks. They can print in A3 size and laminate if required.

    However, whether there are broken lines or not, drivers are required to ensure that the road is clear of oncoming traffic before making a u-turn.

    This might mean that the original civil judgement will still stand.
     
  6. pat

    pat Well-Known Member

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    surely if the road was clear when i commence making the u turn i was free to make the turn however the other driver was speeding it would be at least part his fault around about 70 or 80 metres beyond the accident past the traffic lights the road was a bend. therefore he came around the bend at high speed reducing the time i had to complete my u turn
     

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