TAS Traffic Infringement Notice for Going Through Amber Light?

Discussion in 'Traffic Law Forum' started by zero, 9 March 2019.

  1. zero

    zero Member

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    Hey guys, I hope to get some help.

    I had a police officer pull me over and fined me for going through an amber light.

    When he pulled me over I was confused and a little alarmed. I wasn't speeding – I was just driving home after work talking to my wife on the handsfree. The officer told me he'd pulled me over for going through an Amber light and said I was doing 59 in a 50 zone. I was kind of dazed because while I knew I hadn't gone through a red, I wasn't sure if I had legitimately broken the law or not.

    He said he wouldn't fine me for going 59, but he will fine me for going through an amber light because quote "I believe you had a reasonable amount of time to stop before the Amber light". He asked if I agreed and to be honest, I didn't feel comfortable arguing with the police so I agreed.

    I drove away feeling very confused about the whole thing. It was only after replaying the events back, I don't believe it was a reasonable action to fine someone 3 demerit points along with $122 for going through an amber light. It wasn't red and at the time I didn't feel comfortable slowing the car down. I did slightly accelerate to make sure I didn't go through a red light and then started braking immediately. I think that's where he tracked me going 59kph.

    After replaying the events backward further, I recall a car following behind me as I drove home that night. the car was sitting close to me and I felt like this person wanted me to get a move on. I didn't speed but I was getting a move on because of this person behind me. It turns out, it was the undercover police officer.

    Can anyone tell me what my options are? Can I contest this traffic infringement notice? I have no experience with this and would very much appreciate any help.
     
  2. Rob Legat - SBPL

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    Pay it and move on. The law requires you to stop for an amber light unless it is unsafe to do so, and not because you didn't feel comfortable.
     
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  3. Tim W

    Tim W Lawyer
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    You have nothing.
    Pay the fine and go get on with your life.
     
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  4. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Never......I repeat......never.....agree with a police officer when he gives you his opinion.
    If he tailgated you, he may or may not have set you up.

    But by asking if you agree with the opinion that you had time to stop, he has verballed/coerced you somewhat.
     
  5. zero

    zero Member

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    Thanks for the responses guys. My wife had similar thoughts – she was on the phone as I got pulled over. I probably shouldn't have consented.

    At the time I felt intimidated. Live and learn
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Still think you might question his tactics or do you just want the matter gone?
     
  7. zero

    zero Member

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    I'm not sure mate.
     
  8. Adam1user

    Adam1user Well-Known Member

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    I don't think in this situation the poster would be able to do anything about the tactics, there is nothing sold to support his argument and he already agreed with the police officer, if the poster elects to go through with it, it would be time consuming and costly process with a little chance of winning.
     
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  9. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    I don't disagree Adam. I do feel he has been wronged, though......
     
  10. Scruff

    Scruff Well-Known Member

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    You accelerated and you also braked. I guarantee that the braking is what attracted the attention of the Police - and it will every time in that kind of situation.

    1. If you felt you had to accelerate to avoid going through a red light, then you had time to stop. It's that simple.
    2. If you felt you had to brake afterwards, then you also obviously felt that you were speeding. It's that simple.

    Cop it on the chin and move on - you got off light.
     
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    #10 Scruff, 12 March 2019
    Last edited: 12 March 2019
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