VIC Red Light Fine with No Photo Evidence?

Discussion in 'Traffic Law Forum' started by hellothere99, 27 November 2018.

  1. hellothere99

    hellothere99 Member

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    Hi all,

    I was driving home from a friend's place and was pulled over for running a red light. When I was pulled over I was genuinely confused why they'd pulled me over as I didn't know that I had. I wasn't about to argue with the police when they pulled me over.

    I've checked the Fines site and there is no photo evidence of it.

    I'm a very cautious driver so it's not in character for me to chance running a red light, and I genuinely think I would have remembered running the light. Unless I was more tired than I thought and blanked it. I really wanted to see the evidence to see evidence that it had actually happened.

    What are my options here under traffic law? Reading a lot of other posts it seems like disputing it might increase my risk of being made to pay court fines?
     
  2. Scruff

    Scruff Well-Known Member

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    You probably have several options. It's not something I have much experience with, so to get the best help, I recommend you provide:
    1. your age,
    2. the type of licence you hold and how long you've had a licence (particularly if you're on "P" plates),
    3. a little about your driving record (previous infringments, demerit points, etc).

    You may or may not have noticed from reading other threads that the above will most likely all be considered if you take the matter to court.
     
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  3. Tim W

    Tim W Lawyer
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    Let's be clear about a few things.
    • Not every traffic light has a camera on it;
    • There doesn't have to be a photo - maybe, the police just plain saw you;
    • In traffic law, what you "genuinely believe" doesn't matter, at all.
    There's some useful info from Victoria Police here.

    In short and simple, you have two choices:
    1. pay the fine, and just make this all be over; or
    2. elect to have the matter dealt with by a court.
     
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  4. Rod

    Rod Well-Known Member
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    In Vic you have a third option if your driving record is clean for 2 years - ask the police for a review/official warning.
     
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  5. Tim W

    Tim W Lawyer
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    Internal Review of Infringements?
    Info about that can be found via the link I posted above. Or, here.

    While I defer to the expertise of my Victorian lawyer colleagues here,
    I tend to think of Official Warnings and Internal Review as being different pathways.
    I also tend to think of Official Warnings as being more about speeding offences
    and less about Fail To Stop At Red Light type offences.
    But that's just me, and I'm in NSW.
    What say you, @Tony Danos ?
     
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  6. Rod

    Rod Well-Known Member
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    re: Official warnings - Sorry, you are correct - only for speeding offences <10kmh over limit.

    Internal reviews though allow for a wider group of exceptions, including family violence victims. If you try and get off on mental disability, chances are VicRoads will then demand a medical certificate proving you are fit to drive. Sometimes you have to be careful what you ask for!
     
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  7. Adam1user

    Adam1user Well-Known Member

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    If police have pulled you over then you were seen by the police and you need substantial proof that you have not crossed the red light or you have a very good reason, it will be against at least 2 police officers' word (If you elect to go to court). Generally, police officers are in pairs except motorbike police (I think).

    As other posters stated, if you have a good driving record, then ask for review, that is the best way to go, or just pay it and move on.
     
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