QLD GAINING PRIVATE INFORMATION ON OTHER DRIVER

Discussion in 'Traffic Law Forum' started by Jarob, 28 January 2019.

  1. Jarob

    Jarob Active Member

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    Hi Everyone,

    My car was involved in a pretty serious side swap on the Pacific Motorway early last year.

    My car is fitted with forward and rear facing car cameras and without question the other driver is 100% at fault. He was all over the road while behind my car, accelerated and swooped into the right side of my car. Immediately after hitting my car he accelerated aggressively and without a blinker dangerously swooped in and out of traffic up ahead to get away. This is all caught on video. He was driving a white senator.

    I spoke to the police a couple of months back and asked what the outcome is. They stated he has been caught and given an infringement notice for not stopping at a car accident and giving details. But wouldn't give me any further information because they stated he is protected by privacy laws.

    Basically I'm chasing exactly what he has been hit with. There is no chance I will let it slide if he has only been given a traffic infringement for such extreme dangerous driving. If he was literally half a foot over to his left at the very least someone would have got seriously hurt because my car would have copped full impact at a vulnerable angle. Then to drive like he did after the fact is at the very least dangerous/hoon driving.

    So my basic question is, how do I get the full information on what he has been charged with? Is it possible? And how on earth does the media get that information and report it to the public everyday?

    Thanks in advance,
    Jarob
     
  2. Tim W

    Tim W Lawyer
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    That's basically right.
    It appears they have told you already.
    That's not your choice.
    The art in good prosecution practice is to only lay the charges that are supported by the evidence.
    Do they have your video? It may show other/ further offences.
    You don't. In any event, you've already been told.
    Not in the kind of detail you want.
    The fact that charges have been laid can be made public. It's not always in the kind of detail you're hoping for. And also, some individual cops leak.
     
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  3. Jarob

    Jarob Active Member

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    Hi Tim,

    They were vague in offering information, so I'm not exactly sure what the guy has been hit with.

    The police have the video yes and it clearly shows him swooping in and out of traffic at high speed. No blinkers, from left to right across 3 lanes in a flash and back again.

    "That's not your choice."

    Maybe so but I can get the media involved somehow. I have the best car cameras on the market and the video clearly shows dangerous/hoon driving.

    These guys wipe families out, they got no respect for life or limb and that level of dangerous driving shouldn't be ignored.

    Anyhow cheers for the message, been a great help.
     
  4. Scruff

    Scruff Well-Known Member

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    If you've taken this up with an insurance company, then you can probably get that information through them.

    Going by what the Police told you, I would think that they took action against the driver under section 93(2) "Duties of a driver involved in a crash—stopping and providing information" of the QLD Transport Operations (Road Use Management) Act 1995.

    Max penalty is $2,611. (20 penalty units. From 1 July 2018, one penalty unit in QLD = $130.55.)

    Raises an interesting question though - how do the Police determine the penalty where they issue an infringement notice and the relevant secion only states a maximum penalty? Do they automatically use the max? (@Bill Murray would be the best person to clarify this one.) If so, then $2611 is a good result and I'd leave it alone.

    I have read that 12 months imprisonment is also an option, even though s93 only indicates a fine. I assume that this would be an option if the matter ends up being dealt with by a court.
     
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    #4 Scruff, 2 February 2019
    Last edited: 2 February 2019
  5. Scruff

    Scruff Well-Known Member

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  6. Jarob

    Jarob Active Member

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    Accident was April 2018 so just before new legislation, however doubt it would be much different from amended one.

    Thanks for your help guys, great forum.

    Regards
     
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