QLD Red Light Camera Fine - Dispute for Bad Weather?

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hermoine

Member
26 June 2014
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0
1
I have been photographed at a large intersection in Brisbane over the white line at a red light camera. In the night at the time there was a very heavy downpour of rain and my wipers couldn't adequately remove water for me to see where to stop. There were lights a long way away across the other side of this large intersection and I could see a lane guiding line so came to a complete stop (approx teo car lengths from it) when the camera went off and shot me at a stand still.

I had no intention of going through the red light and did not place anyone at risk.

What chance do I stand of fighting this red light camera fine under traffic law? Is any legal aid representation available?

I am part time worker. Not on health care card. Do all red light cameras have speed cameras attached. Is it possible to prove I had stopped with safe distance from turning traffic? Would that help? I have gone back and taken photos of the distance between where my car stopped and the turning lane began on this intersection. It is approx 6-7m. Is it helpful or worth taking these shots to court? Appearance next Tuesday 1st July.
 

John R

Well-Known Member
14 April 2014
689
173
2,394
Sydney
Hi Hermoine,
I'm a bit unclear - did you refuse to pay the red light camera fine and elect to dispute the matter in court?
 

Owens Lawyers

Well-Known Member
13 June 2014
103
60
594
Hi Hermoine,

Generally the offence results from entering an intersection against a red light. So it doesn't matter if you didn't go through. It's also highly unlikely that legal aid representation would be available for a traffic offence.

There is a general defence under the Road Rules of reasonable effort. I'm not sure if it applies in Qld so you should get advice from a CLC or private lawyer about whether it is available to you. If not you may want to consider a guilty plea with an explanation. In some cases this can result in a reduction in penalty.
 

hermoine

Member
26 June 2014
4
0
1
Hi Hermoine,
I'm a bit unclear - did you refuse to pay the red light camera fine and elect to dispute the matter in court?
Yes I did cause I thought because I coukdnt see the line due to weather but stopped anyway I shouldn't have to pay. I didn't run the red light.
 

hermoine

Member
26 June 2014
4
0
1
Hi Hermoine,

Generally the offence results from entering an intersection against a red light. So it doesn't matter if you didn't go through. It's also highly unlikely that legal aid representation would be available for a traffic offence.

There is a general defence under the Road Rules of reasonable effort. I'm not sure if it applies in Qld so you should get advice from a CLC or private lawyer about whether it is available to you. If not you may want to consider a guilty plea with an explanation. In some cases this can result in a reduction in penalty.
Thanks for advice, What kind of penalty am I looking at? Will it be considerably more because I elected to take the matter to court?
If so is it too late to just pay and take the fine and points? I had a witness in the car with me who also couldn't see where to stop. Not like i was trying to disobey or even distracted or inattentive.
Just didn't think it would count, given circumstances.
 

Owens Lawyers

Well-Known Member
13 June 2014
103
60
594
Thanks for advice, What kind of penalty am I looking at? Will it be considerably more because I elected to take the matter to court?
If so is it too late to just pay and take the fine and points? I had a witness in the car with me who also couldn't see where to stop. Not like i was trying to disobey or even distracted or inattentive.
Just didn't think it would count, given circumstances.
I believe the maximum penalty is $2200, but if you plead guilty at your first opportunity it is unlikely you will get anywhere near that. In my experience (which is admittedly limited to NSW) the starting point for some magistrates when a person pleads guilty to a traffic offence, is to begin with the original fine amount and try to determine if there are any reasons to reduce or increase the fine.

Factors that are taken into consideration include your subjective circumstances (your personal history, driving record, income etc) and objective factors (circumstances around the offence, such as the rain, the fact that you didn't proceed through the intersection).

There may also be court costs and other fees that apply in Qld but I am not aware of what they are. I hope that offers some help. Let us know how things go.
 

hermoine

Member
26 June 2014
4
0
1
Thanks so much for your response.
Appreciated.

I believe the maximum penalty is $2200, but if you plead guilty at your first opportunity it is unlikely you will get anywhere near that. In my experience (which is admittedly limited to NSW) the starting point for some magistrates when a person pleads guilty to a traffic offence, is to begin with the original fine amount and try to determine if there are any reasons to reduce or increase the fine.

Factors that are taken into consideration include your subjective circumstances (your personal history, driving record, income etc) and objective factors (circumstances around the offence, such as the rain, the fact that you didn't proceed through the intersection).

There may also be court costs and other fees that apply in Qld but I am not aware of what they are. I hope that offers some help. Let us know how things go.[/QUOTE