QLD Speeding to prevent being hit by a kangaroo. Do i have grounds to avoid fine?

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Joseph Pham

Member
19 September 2019
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0
1
Hi so I was caught by a speed camera thats on the back of a trailer doing 94 on an 80 road. The road that I was on is notorious for roo's dashing out in front of cars especially at night( I've actually have had an encounter with them on the same stretch before and totalled my last car). I sped up as I saw in the corner of my eye a roo standing there looking like he was contemplating to shoot pass me or not. Would that be a valid enough reason to try get a bit of leniency on the fine? Or is it possible to ask for it to be reconsidered or even downgrade the speeding from 3points to jus 1points being that I'm only just got into the next speed bracket (more then 13km but less then 20km) I'm a truck driver and desperately needs every points I can save on my license as it's my bread and butter. Do you think I have any hopes at all to try and get a lighter deal out of this?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Extremely doubtful. The first question that springs to mind is: Why didn't you just slow down until you'd safely passed the animal?
 
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Adam1user

Well-Known Member
5 January 2018
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Hi so I was caught by a speed camera thats on the back of a trailer doing 94 on an 80 road. The road that I was on is notorious for roo's dashing out in front of cars especially at night( I've actually have had an encounter with them on the same stretch before and totalled my last car). I sped up as I saw in the corner of my eye a roo standing there looking like he was contemplating to shoot pass me or not. Would that be a valid enough reason to try get a bit of leniency on the fine? Or is it possible to ask for it to be reconsidered or even downgrade the speeding from 3points to jus 1points being that I'm only just got into the next speed bracket (more then 13km but less then 20km) I'm a truck driver and desperately needs every points I can save on my license as it's my bread and butter. Do you think I have any hopes at all to try and get a lighter deal out of this?

All I can add to Rob, is that usually the camera will take a video too, not just pictures, if that video can show your story, you may have a chance but it is a very long shot.
 

Joseph Pham

Member
19 September 2019
2
0
1
I was travelling 80+ ks by the time I saw it in the corner of my eyes it was too late to slow down or stop but jus pray that it don't decide to play chicken with my headlights. In saying that tho mite I also add that it was a pitched dark road with trees and bushes right by curb side. The foto on the fine cud barely see my car. But if the camera has video too then they definitely would see the animal on the side of the road as i come pass it? Do u guys know how I could go about enquiring for that footage?
 

Scruff

Well-Known Member
25 July 2018
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2,389
NSW
No chance at all. I doubt that there is any feasible scenario where speeding up to avoid an animal is safer than slowing down.

The following will all work against you if you try to challenge this:
1. You know the road and the risks regarding kangaroos on that road.
2. As a professional driver you should know to slow down to begin with. The speed limit is a "maximum" only and does not take wild animals into account.
3. According to you, the roo was on the side of the road and hadn't even moved. You then sped up merely because it "might" move. This reasoning alone is extremely reckless, dangerous and totally illogical - and that's how a court will view it.
4. The road being dark is irrelevant - all unlit roads are dark at night and it's usually unlit roads where you find roos.
5. You totalled a car by hitting a roo before and you are now showing that you still don't know how to handle the same situation. This fact is really going to hurt you.

Try to fight this in any court and I bet it will cost you a lot more than it already has.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
No chance at all. I doubt that there is any feasible scenario where speeding up to avoid an animal is safer than slowing down.

The following will all work against you if you try to challenge this:
1. You know the road and the risks regarding kangaroos on that road.
2. As a professional driver you should know to slow down to begin with. The speed limit is a "maximum" only and does not take wild animals into account.
3. According to you, the roo was on the side of the road and hadn't even moved. You then sped up merely because it "might" move. This reasoning alone is extremely reckless, dangerous and totally illogical - and that's how a court will view it.
4. The road being dark is irrelevant - all unlit roads are dark at night and it's usually unlit roads where you find roos.
5. You totalled a car by hitting a roo before and you are now showing that you still don't know how to handle the same situation. This fact is really going to hurt you.

Try to fight this in any court and I bet it will cost you a lot more than it already has.

I agree with Scruff, you don't have a chance, pay it and live and learn.