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NSW Red Light Fine - How to Obtain Video from Police?

Discussion in 'Traffic Law Forum' started by Craigboofer, 15 September 2016.

  1. Craigboofer

    Craigboofer Member

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    Hello,

    Need some help really.

    Got fined this morning for allegedly going through a red light - t had just started flashing yellow when I went through - by a police car that was behind me. I was driving a bus and didn't have the stopping room. If I had stopped, I would have been half way into the intersection, which I also know is an offence, so I carried on through as I deemed it the safer option.

    The police officer said he had it on video from his car. How can I obtain this video under Traffic Law and how long do they keep the footage for?

    Many thanks
     
  2. Rod

    Rod Well-Known Member

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    When you plead not guilty you go to court for 1 or 2 mention hearings, then later the contest hearing (trial).

    1. Ask him for a copy; or if he refuses

    2. Elect to take the matter to court. When you first go to court ask the court officials at the courthouse prior to your hearing what procedure you need to follow. The first mention hearing is not your trial unless you plead guilty so don't panic about not having all the evidence at the first hearing, you will have time later.
     
  3. Craigboofer

    Craigboofer Member

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    So can i just phone the station and ask for a copy of the video?
     
  4. Rod

    Rod Well-Known Member

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    Yes, but don't like your chances. They do not have to show you. No harm trying though.
     
  5. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi Craigboofer,

    I agree with Rod, you can ask, but I reckon they'll refuse until after a few court appearances.

    The police are meant to preserve evidence, but you may find at this point that the police do not supply the video to you, just a couple of statements from the coppers involved, which both state you ran the red light, and make no mention of the video.

    So I'd suggest you phone and ask for the video, and follow up in writing. But I'd be pretty surprised if you ever see the video.

    Regards
     

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