QLD Traffic Notice Infringement - Contesting the Fine?

Discussion in 'Traffic Law Forum' started by kiwimex, 15 April 2019.

  1. kiwimex

    kiwimex Member

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    Just received a failure to stop at a red light offence. I have also been provided two images of the incident.

    I clearly remember the day of the offence and remember the traffic light going amber and due to the road being wet I have braked but overshot the line. I was towing a light trailer and this is still behind the line. The first photo supplied by the traffic department shows my car just at the stop line and the next photo shows it 1 car length onwards with the trailer and about 1m of the ute tray behind the line, In both images, the brake lights are on both the trailer and the car. The time frame noted on the offence is 2's between shots. This appears to show me stopped the lights, although I have overshot the stop line.

    Just wanting to know if I have any chance of successfully contesting the traffic infringement notice? I feel I have done the right thing by stopping in a safe manner due to the road conditions of the day, but not behind the stop line.

    Cheers
     
  2. Adam1user

    Adam1user Well-Known Member

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    Which state are you in? You have a good chance of getting out of it, as long as you did not cross the road (you were not in a risk of causing an accident), then you are ok. Ask for a review of the infringement and explain the situation (they may accept it) and ask to see the video recording, the authority does not let people know that there are video recordings. If the review resutlt was negative, then you may elect to go to court and fight it.
    Good luck.
     
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  3. kiwimex

    kiwimex Member

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  4. Adam1user

    Adam1user Well-Known Member

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    I saw the pictures and from those pictures, I say you don't have a chance of getting out of it, when you said it was raining ( the ground seems dry), I thought it was heavy raining, your pictures show that you were not concentrating while driving. This is how I see it, I may be wrong, I am not a lawyer but this is my opinion.

    I once came to a stop at a traffic lights that had a camera and I was only around 40cm after the last line on the ground (In NSW), there was a car next to me which passed more than I did, and the other driver did not get a fine, I got one only, It was raining heavily and I ride a scooter, so that is why I was let off.

    As your question why the car in front of you, there are sensors and the other guy passed within the allowed parameters while you did not and that is why you activated the camera and not the other guy.

    Notes to consider (in NSW, not sure in QLD):
    - It will your responsibility to prove that the camera is faulty, if you want to take that defense in court,
    - You can not say well: why the other guy did not get a ticket, the police have their discretion in who to infringe. It can not be used as a defense in court.

    Sorry to give you the bad news, live and learn. Still I may be wrong, the only way to find out is go to court, mind you, if you do and you don't let off, you will pay the infringement (get the points too if applicable in QLD) and pay for court fees.

    Good luck.
     
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  5. kiwimex

    kiwimex Member

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    The road surface was wet.. as it was a showery day.

    Yeah I thought as much, I would not be going to court for $400.00 anyways.

    I have sent off a letter explaining my case see how we go.
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Please let us know how you get on.
     
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