Going to court over a fine - Any tips?

[StormVY]

So I got done for a red light a couple of weeks ago. Wasn't aware you can look at the photos online for free (fairly awesome).

The photos back up my story where a d*ckhead cut me off (decided to turn right after indicating left) as I was easily going to make the orange but had to slam the brakes and swerve meaning I crossed the last white line just as it turned red.

I have sent off a court appearance request and wanted to know if anyone has been and has any pointers.

The SDRO site is down atm but Ill post the pics up when it's back online.

[Slippy_Trippy]

For me I'd be thinking that chances are it will be an older group of people judging/jury etc so look as respectable as possible and speak proper english ie no ghetto or slang etc.

[levymetal]

For me I'd be thinking that chances are it will be an older group of people judging/jury etc so look as respectable as possible and speak proper english ie no ghetto or slang etc.

you sure there's a jury for the magistrates?

[Grennan]

Theres no jury its just a judge there. But yeah Ive been in the gallery for a few traffic infringement hearings and the clearer you tell your story the better, the calmer you are the better, take pictures with you and if you must diagrams of the intersection to help with telling the judge your story. Be over prepared and know your road rules before you go, last thing you want to do is waste a magistrates time because they will just throw the book at you.

[kniever]

i just got a red light fine too so is there a site for victoria to see your photo? i musta been pretty much through when the light turned red as it said i was in it for 1.2secs

[Grennan]

Nah Victoria you have to pay to view it or travel to the city and view it there.

[redcv6]

dont be a smartass. if you lie, make sure you get your story straight before you get in there.

[minux]

Be prepared. Take vaseline.

[Tomz VY]

use protection

[Tsunamix]

Dont bother going to court.

It's illegal to enter a yellow light if you can stop safely before.

So you may be innocent of running a red light but you are guilty of running a yellow light.

There are no juries in magistrates courts, and IMO - quiet a few magistrates are opinionated bastards.

[StormVY]

Dont bother going to court.
It's illegal to enter a yellow light if you can stop safely before.
So you may be innocent of running a red light but you are guilty of running a yellow light.
There are no juries in magistrates courts, and IMO - quiet a few magistrates are opinionated bastards.

It was not reasonable to stop when the light turned orange.

Here are the pics... You can see the body roll and my brake lights on in the first one. Ill let you guys know how it goes.

[AirStrike]

The fact of the mater is you said you could of safely ran the amber if not for the guy cutting you off............why not stop for the amber?

[danja]

Hate to break it to ya, but to me those pictures make you look like you're in the wrong.

I understand the story as you tell it, but looking at those pics it clearly looks as if you were riding the other guy's ass trying to get through the amber. There is no evidence there that he indicated late (indeed his indicator is clearly on in the first photo), and he's allowed to turn from that lane.

Sorry, but I don't like your chances in court.

EDIT: Oh and for the people who have said the red light cameras activate 10sec after turning red or similar, you'll notice the part that says "R1* s", that's how long the light was red for when the photo was taken. 0.9sec for the first one, 1.6sec for the second.

[MAS_614]

mate dnt bother going 2 court your just gonna get fined anyway and maybe even more if the judge is a **** like they usually are.. you ran the red light and you woulda easily stopped for the amber although most ppl will run a amber at lights with red light camera dnt you think you woulda stopped for the amber anyway in case you did get booked?

[JBDrifter]

Yeah those photos aren't very supportive of your story... I wouldn't take it to court, you'll probably end up with a bigger penalty. Just pay the fine.

[Johnsy]

And it had to be a Falcon as well.....

Just pay the fine and move on.. it will end up costing you more in court fee's.

[thestig]

IMHO, if you take it to court you are wasting your time, and that of the magistrate and all associated legal staff. I do not think you will win anything but a larger fine plus court costs!. The evidence is at best inconclusive.

As above, from what little I have seen from the public gallery, many magistrates are opinionated bastards. If you're really unlucky you'll get a bad one on a bad day and end up on charges for attempted robbery. That Armaguard truck could have been your target. It's certainly the most prevalent thing in the photos.

If you do end up going through the motions, at least take heed of the warnings above, presentation counts for A LOT, almost everything. Be prepared, speak clearly and remain calm and unemotional, but act in good humor if suitably mature opportunity presents itself.

L8r

[Tsunamix]

I know what your saying bro but the magistrate will look at only 2 things -

A - Is there anything actively preventing you from stopping beforehand ? (ie an oil slick, water, a bloody great semi up your arse)
B - Are there any mitigating circumstances (Emergency Vehicles, accidents in progress or similair)

They have evidence of you failing to stop, so you will have to present evidence of one of the above 2 things happening...

[levymetal]

The photos back up my story where a d*ckhead cut me off (decided to turn right after indicating left) as I was easily going to make the orange but had to slam the brakes and swerve meaning I crossed the last white line just as it turned red.

those photos do not back your story up at all, i can clearly see his RIGHT indicator on, not his left one.

[Slippy_Trippy]

you sure there's a jury for the magistrates?

Nope, hence the "judging/jury" which covers judges and jurors

[Tsunamix]

Would like to add that I got a ticket for running a yellow just recently. Told the copper he had to be joking. Went home and checked the laws on main roads website. Running a red and running a yellow carry same penalty in QLD - $300 and 4 points.

So I'm speaking from experience on the running the yellow side of it... Unfortunatley....

[Petes VY]

putting the guy out of the picture the question is could you have stopped for the yellow lights safely or not if the answer is yes then you should just pay the fine (your in the wrong) if it no then you can argue it but seriously i would just pay it than go trough the hassle of the process

when my mate got done for it he got asked that question similar posy as to you. + he got chard with tail gating the other guy and unsafe driving for it.

[vsutespack]

I have a mate that works for a majistrate in local court. All the cases are determined before yu even enter the court room. So nothing you say really matters. I have seen people lose there licence and their jobs because they cant drive to work. While I have seen people who have been caught with weapons get of free as they claim it was a fishing knife.
My saying is " There is no justice just us "
Good luck mate

[Calaber]

I'm afraid that everything shown in those two photos will convey the impression that you disobeyed a red traffic light and then had to brake and avoid a vehicle that had already entered the intersection correctly, and was waiting, with his correct indicator blinking, to make a right hand turn as permitted via the road markings.

You are stuffed. Taking the matter to court will cost you court costs, and the certainty of an increased fine over the statutory amount.

If it is not too late to pay the fine, do so and move on.

[StormVY]

Thanks for the feedback guys. If I hadn't already sent the court request off I would just pay the fine but unless you can retract the request it looks like I'm locked in to a court appearance.

I still maintain that I have a decent cause for appeal. If the Falcon in front of me had continued to turn left as he had originally intended to I would have easily cleared the intersection before the light turned red. If I had tried to stop for the orange I would have locked up as we were both coming down a hill from a 60km/h cruise.
I had veered slightly to the right side of the left lane anticipating the Falcon leaving to the left so when he changed indicators and direction I had to jump to the left and get closer to him as he slowed considerably faster as he changed his mind.
Ill draw diagrams and take photos of the hill for the court hearing.

The fine was only $330 and it was 3 demerit points. I can wear those but I still think there were extenuating circumstances present.