QLD Fighting Infringement - fail to give way to a vehicle when entering road from road related area/adjacent land

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Victa

Well-Known Member
25 October 2016
15
2
74
Morning team. Recently I was leaving a carpark from a library onto a backstreet. Vision was non existent due to cars parked either side of the driveway making it the street that narrow that only one car could pass. I very gently crept out until I could safely see before pulling out. Upon getting to that point, I saw a car driving in my opinion at excessive speed, not to the conditions (cars parked each side making it narrow and the road was wet from rain). I quickly selected reverse to avoid the collision. Other driver skidded quite some time due to locking up his brakes, and he got me just in the bullbar. Very limited damage to my car, his not so much. First police on the scene saw the situation with cars parked and lengthy skid mark in the wet. Traffic Sargent appeared and had a differing opinion suggesting I would be charged with failing to give way. I attempted to advise her that I believed I did give way and to the point of attempting to get out of the way, and that the other driver was not driving to the conditions. I asked the officer to ensure that photos were taken in situ. Many cars had left by the time she arrived and to let the fire engines in to clean up the scene where other drivers car was leaking coolant and oil.

Both drivers were tested for alcohol and drugs. I passed mine, other driver did not. He was not insured, I was fully insured. 4 hours later I am given an infringement for failing to give way.

I have elected to have the matter heard in court. I sought a review of the INF but just got her boss telling me there is no grey area with this and its black or white.

Any suggestions for the likelihood of success from others? Honestly couldn't have been more careful coming out of the driveway, cars parked everywhere and i had my son in the car (and the firing line).

Seemed like an over officious sergeant fulfilling her ticket book.

I intend to appear and seek an adjournment whilst building my case with photographs, statements etc. No CCTV captured from local library and no dashcam from either driver. There was a witness behind the vehicle that ran into me however I won't have her details.

Any suggested strategies would be appreciated.

Cheers
 

Victa

Well-Known Member
25 October 2016
15
2
74
Morning team. Recently I was leaving a carpark from a library onto a backstreet. Vision was non existent due to cars parked either side of the driveway making it the street that narrow that only one car could pass. I very gently crept out until I could safely see before pulling out. Upon getting to that point, I saw a car driving in my opinion at excessive speed, not to the conditions (cars parked each side making it narrow and the road was wet from rain). I quickly selected reverse to avoid the collision. Other driver skidded quite some time due to locking up his brakes, and he got me just in the bullbar. Very limited damage to my car, his not so much. First police on the scene saw the situation with cars parked and lengthy skid mark in the wet. Traffic Sargent appeared and had a differing opinion suggesting I would be charged with failing to give way. I attempted to advise her that I believed I did give way and to the point of attempting to get out of the way, and that the other driver was not driving to the conditions. I asked the officer to ensure that photos were taken in situ. Many cars had left by the time she arrived and to let the fire engines in to clean up the scene where other drivers car was leaking coolant and oil.

Both drivers were tested for alcohol and drugs. I passed mine, other driver did not. He was not insured, I was fully insured. 4 hours later I am given an infringement for failing to give way.

I have elected to have the matter heard in court. I sought a review of the INF but just got her boss telling me there is no grey area with this and its black or white.

Any suggestions for the likelihood of success from others? Honestly couldn't have been more careful coming out of the driveway, cars parked everywhere and i had my son in the car (and the firing line).

Seemed like an over officious sergeant fulfilling her ticket book.

I intend to appear and seek an adjournment whilst building my case with photographs, statements etc. No CCTV captured from local library and no dashcam from either driver. There was a witness behind the vehicle that ran into me however I won't have her details.

Any suggested strategies would be appreciated.

Cheers
Anyone? @everybody
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,995
827
2,894
Sydney
I intend to appear and seek an adjournment whilst building my case with photographs, statements etc.
You'll be lucky if you can get an adjournment in the Traffic List, but you never know...
You might be better off going to court on the day, prrepared with your materials, and just doing it.
No CCTV captured from local library and no dashcam from either driver. There was a witness behind the vehicle that ran into me however I won't have her details.
So, really, there's no witness then?
Or does Constable Friendly have that person's details, and you hope to obtain them?

Any suggested strategies would be appreciated.

Cheers
Pay the infringement, and make it all be over?
 

Victa

Well-Known Member
25 October 2016
15
2
74
You'll be lucky if you can get an adjournment in the Traffic List, but you never know...
You might be better off going to court on the day, prrepared with your materials, and just doing it. So, really, there's no witness then?
Or does Constable Friendly have that person's details, and you hope to obtain them?


Pay the infringement, and make it all be over?
Thanks Tim, really appreciate the time and effort to respond.

So i best get some legal advice before the due date if adjournments aren't the norm.

Witnesses - there was a car behind the one that hit me but I haven't spoken to her nor know her details. My plan was to ask for discovery at the adjournment to ascertain what the QPS were relying upon. Drug affected speeding driver hits me whilst being extra cautious trying to leave a car park. I sought a review with zero effort given by the QPS. Perhaps I seek discovery now before the court date in June.

I did consider just paying it and being done with it, and I am not adverse to doing that, i just felt extremely aggrieved by the lack of context considered by constable friendly and lack of investigation of the incident.

The cost of legal representation is at parity to the fine, the points to be taken aren't that bad, but in my job having a charge like this against me isn't great hence my attempt to clear my name.

Thanks again Tim, really appreciate it. Take care