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NSW Should I Fight Traffic Infringement Notice?

Discussion in 'Traffic Law Forum' started by Jermy, 23 August 2016.

  1. Jermy

    Jermy Well-Known Member

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    I was returning home from work riding on my scooter. It was raining good (not heavy and not showers). My speed was between 50 to 55 Klm. I could not go slower as there are cars behind and I did not want to cause road rage to very slow speed. I came to a traffic light, which turned from green to yellow to red (Yellow to red took 4 seconds).

    I braked to slow down. For who are not riders, braking on scooter/bike will take longer to stop than on sunny days so as not to slip and fall off [which I know from practical experience just a week or so before]. I braked and slowed down, and came to a full stop after I crossed the traffic light and just before the last white line on the road.

    There is a red camera which I activated and took pictures of me. I received the traffic infringement notice and I called SDRO to ask what options I have. The representative saw the pictures and informed to request a review and hopefully, it will be deleted.

    I did that and today I received the response which stated that the fine will stay. I called them again to see if I can talk to anyone. The answer was that final phase is to go to court.

    One point to mention is that there was a car next to me. I stopped him after we crossed the traffic lights and I took his contact details so we can be witnesses to each other if we get fines. I contacted him. He did not receive any fines. His car was further than me, the front wheels were on the last white line on the road, and the front of the car crossed the last white line on the road. This is shown clearly in the pictures. there are two pictures taken with parts of a second difference. The second picture shows that my legs are on the ground flat. No rider puts his legs on the ground unless the bike is in a complete stop.

    Notes:

    -Two people on the same traffic lights (red light camera), one gets a fine while the other is not even noticed.
    -The last picture shows that my feet are on the ground. Complete stop.
    -Brake lights are on, they are visible.
    -I was not able to brake stronger (for a shorter period) as I would slip.
    -Comparing the pictures show that there is a little distance between them, less than a half a meter, while the other car on other side shows the distance traveled is 3 meters or more in the same time period.

    The fine carries 3 demerit points and a $433 payment.

    This is for sure for revenue purposes and not for safety, although the facts clearly show I did not cross the road and I stopped, while the car next to me did not get a fine. This shows there is no consideration for my safety, only the concern of getting my money.

    I am thinking of contacting several or least one TV show to raise this as a revenue raising exercise and not a safety procedure.

    I assure you that I never ever will cross a red light. Not because it carries a hefty fine, but because it is dangerous and I am at more risk.

    I would like some feedback and comments on this: should I go to court directly by myself? Or should I hire a lawyer and then go to court? Should I contact the TV stations or not?

    Thank you for your help and comments. I appreciate your prompt reply in order for me to take action.
     
  2. Jermy

    Jermy Well-Known Member

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    I would like to add that the last fine I had was "no right turn" way back in 2010. So that was more than 6 years ago.
     
  3. Tim W

    Tim W Lawyer

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    Court elect the fine and see how you go.
     
  4. Jermy

    Jermy Well-Known Member

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    hello,

    Thanks for your recommendation. What about contacting the TV shows? I think if I go to court and the court still says the fine stays, then I have to pay it. But I am thinking if I take it to the TV shows and it gets on TV, the SDRO may re-visit it and delete the fine as not have bad publicity.

    What do you think?

    Thanks a lot
     
  5. Tim W

    Tim W Lawyer

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    I think trying to get it on TV is a stupid idea.
     
  6. Jermy

    Jermy Well-Known Member

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    Thanks for your time. The court here I come.

    Can you say why using public media will be bad? I saw it work for others.

    Thanks
     
  7. Jermy

    Jermy Well-Known Member

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    Hello All,

    Well, I will go to court as I have requested to go to court. I am waiting for the notice now. I would like to ask what the process is now.

    I will be preparing the following: the photos and I will write down what I will say so I am able to say everything in front of the judge and be organised. I will ensure that I am well dressed.

    Please feel free to provide any recommendations and what I need to do.

    Thanks all.
     
  8. Rod

    Rod Well-Known Member

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    Read the road rules very carefully. Look at the offence you have been charged with, and then look for the definitions of 'intersection' and 'entering an intersection'.

    Not sure what the rules are in NSW. In particular look to see if the line markings have any bearing on the definitions. It may be that you have not entered the intersection and therefore shouldn't be fined.
     
  9. Jermy

    Jermy Well-Known Member

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    Hi, I was in court last week and the infringement was withdrawn. So I did not have the ticket. Great news for me.
     
    SamanthaJay and Ozwarlock67 like this.
  10. Rod

    Rod Well-Known Member

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    Good news. Did they say why it was withdrawn?
     

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