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NSW Traffic Law - Fight Negligent Driving Charge?

Discussion in 'Traffic Law Forum' started by FrancisRF, 19 August 2015.

  1. FrancisRF

    FrancisRF Active Member

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    I had an accident on my motor scooter with no other vehicles involved. I was looking behind for merging traffic and when I turned around I was heading towards the barrier. I over-corrected and fell off, breaking my arm. I have been charged with negligent driving ($425 and 3 demerit point).

    I would like to get advice whether I should fight this as I don't believe I was being negligent. However, I realise that the definition of negligent driving under Traffic Law is very low in NSW, so don't want to waste my time either.
     
  2. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Am I correct is assuming that you, basically, just fell off your bike and that there was no damage to anyone or any vehicle - other than yourself?

    Regards
     
  3. FrancisRF

    FrancisRF Active Member

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    Hi Nick
    Yes - no damage except to me and my own scooter
     
  4. FrancisRF

    FrancisRF Active Member

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    In fact the attending policeman rang me up a few weeks later to say he was sorry that I I was about to receive this fine and he thought it was unfair but someone higher up makes the decision.
     
  5. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Interesting one.

    Do you know which section of which act you have been cited under?

    Regards
     
  6. FrancisRF

    FrancisRF Active Member

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    The offence code is 79220
    Negligent driving (no death or GBH)
    $425

    I wasn't speeding (on an entrance ramp to the Harbour Bridge - going about 30kph).

    Best
     
  7. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Did the accident end up holding up the traffic, etc? It is an unusual case, and I am thinking that they decided to charge you on the basis that it was because of the problems caused to the traffic flow.

    In terms of taking it to Court, you could either plead not guilty or request leniency from the Magistrate. Whilst it is true that the threshold for guilt is low, what you need to demonstrate is that you did everything that a reasonable driver would have done in all the circumstances (that is not a legal definition but it is the easiest way to explain it).

    Regards
     
  8. FrancisRF

    FrancisRF Active Member

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    Hi Nick
    There was no hold up to traffic - someone helped me get my bike off the road. There was virtually no traffic on that entrance ramp in any case and the few cars that were there could move around me easily. Definitely no traffic hold up when the police arrived.

    What you say makes sense. My case is: I was on an unfamiliar ramp entering the Harbour Bridge (where traffic would be moving considerable faster than me) so I checked behind on my right for merging cars and when I turned back was heading towards the barrier.
    The turning to look caused me to go off course, however, I would assume that checking traffic for merging is also by definition being cautious.

    Best
     
  9. Rod

    Rod Well-Known Member

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    Options: Pay fine or try your luck at court.

    Only you can decide the best option for you. If your driving record is good and you get a magistrate on a good day you might get off.
     

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