VIC Failure to Obey Yellow Traffic Control Signal - Appeal?

Discussion in 'Traffic Law Forum' started by Surtle, 5 November 2018.

  1. Surtle

    Surtle Member

    Joined:
    5 November 2018
    Messages:
    3
    Likes Received:
    0
    Hey guys!

    I'll start from the begging.

    About a week ago, I was driving to work, and drove through a yellow light and got pulled over. The officer came up to my window and told me that he wasn't going to fine me for speeding of which he said that if he fined me for speeding I would have lost my license rather he was going to fine me for going through a yellow light. I was quite nervous at the time to which I just responded with Ok (I was possibly only 3-5kmh over).

    He then asked me for my drivers licence and asked me to verify the details on my card, I verified it. And then he questioned me about the speed limits of where I had just passed through. It's a 70 zone, but becomes a 40 zone in school hours, for approximately 100 meters, of which I had told him it was a 40 zone, and he asked me why that was so, to which I replied that there was a school there. He then handed me my license back and went back to his car. Approximately 10 minutes later, he came back to my car and said "Your license checks out, be more careful" and walked away. I took this as my cue to leave, and be done with it. (I thought it was a warning).

    Now the week passes, and I open the mail today to find my fine, $403 and 3 demerit points. I'm a green probationary driver for the record, and the only other fine I have been issued is by a mobile speed camera who got me for 3kmh about 6 months ago, of which I appealed and got let off.

    I drive an old Mitsubishi without ABS and do not believe that I had enough time to stop before making the judgment call to go through the yellow. $403 really is a lot of money to me, and the 3 demerit points will impact my license too. Other than the speeding fine that I had appealed, I have a clean record, never been in trouble (unfortunately for me, my dash cam had broken the day earlier, and I didn't have one running at the time).

    What do you guys think I should do? Should I appeal it and explain my circumstances? Or really should I just foot the fine and deal with the consequences.

    Thanks. :)
     
  2. Adam1user

    Adam1user Well-Known Member

    Joined:
    5 January 2018
    Messages:
    444
    Likes Received:
    22
    You can ask for review and explain that you have clean record and state the weather conditions (clear and sunny if it was like that) this may help, the reason is you need to show that there was no risk,
    as to whether to take it to court, it will be a risk, I am not sure if you have enough to support your case. If you lose at court, you will pay court fees in addition to the fine. You need to think this over.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,469
    Likes Received:
    504
    I reckon an appeal is a waste of time. Clean record? that works if you've been driving for 20 yrs. But you have not.

    You're honour, my car has dodgy brakes hence I didn't stop? not a great defence either.
    without evidence (like the dash cam) to indicate the cop got it wrong, I think you're stuffed.
     
  4. Surtle

    Surtle Member

    Joined:
    5 November 2018
    Messages:
    3
    Likes Received:
    0
    Yeah, definitely would prefer not to take it to court, I just think it's ridiculous that you can be fined for a yellow light, and 3 demerit points being a p plater, it really doesn't help the safety aspect of driving, every yellow I'm now going to be slamming on my brakes in fear of getting another fine, because another fine would be the end of my license.
     
  5. Surtle

    Surtle Member

    Joined:
    5 November 2018
    Messages:
    3
    Likes Received:
    0
    Yeah, I figured this might of been the case. And I didn't mean it as "dodgy brakes" I just mean that an old stock Mitsubishi would take a lot longer than let's say 2018 GTR to stop, As thus then it becomes a judgment call.
     
  6. CSFLW

    CSFLW Well-Known Member
    LawTap Verified

    Joined:
    24 September 2018
    Messages:
    133
    Likes Received:
    11
    "Approximately 10 minutes later, he came back to my car and said "Your license checks out, be more careful" and walked away. I took this as my cue to leave, and be done with it. (I thought it was a warning)."

    Do not trust that the Police will let you off.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. Scruff

    Scruff Well-Known Member

    Joined:
    25 July 2018
    Messages:
    539
    Likes Received:
    80
    Firstly, no ABS does not constitute "dodgy brakes".

    I was driving a Holden Rodeo (no ABS), braked for an amber light on a slight downhill grade, but the crap Rodeo locked up the front wheels and skidded. I immediately took my foot off the brake and drove through - amber on entry, red on exit, with a Highway Patrol car a few cars behind. I fully expected the inevitable because he obviously saw (and heard) what happened, but he realised it was a judgement call. He passed me down the road and just gave an "approving nod" as he went on his merry way. The point is that it is much safer to drive through an amber light than to skid out of control and probably end up in the middle of the intersection - that certainly would incur a fine.

    The fact is that you are required to stop at an amber light "if it is safe to do so". That is a judgement call that has to be made by the driver, and not a call that can be made by someone in another vehicle with any reliability unless you are being obviously reckless. It doesn't sound like you did anything wrong, so if I were you, I'd contest it. For the Police to win their case, they would have to show that you were unsafe in your actions and I don't see how they can. I would think that with a genuine "judgement call", it would be very difficult for the Police to prove their case without video evidence.

    There is a well known member on here that is a Police Officer who knows all about this kind of stuff. Hopefully he'll pop in and offer some advice.

    By the way...
    Two ways to look at that typo:
    1. "I'll start from the beginning", or
    2. "I'll start with the begging".
    Never mind, just me being silly again. :D
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #7 Scruff, 18 November 2018
    Last edited: 18 November 2018
    CSFLW likes this.
Loading...

Share This Page

Loading...
gt;