Water flooded the road and I crossed the white line

centrifea
Posts: 3
Joined: Sat Aug 15, 2020 6:32 am

Water flooded the road and I crossed the white line

Postby centrifea » Sat Aug 15, 2020 6:37 am

Hi,
I recently got an infringement notice regarding code 2032 driving on the wrong side of the road. So the story goes like this, the water flooded the road, it was at night and I couldn't see any line, so my right tire has been driving on the line. Then a police pulled me over and told me that my right tire has touched the line. And proceeded to issue me an infringement notice for driving on the wrong side of the road. Can this be a reason to withdraw the fine?

Hardy
Site Admin
Posts: 8349
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Water flooded the road and I crossed the white line

Postby Hardy » Sat Aug 15, 2020 10:51 am

There is no hope whatsoever of the police withdrawing this fine unless you take it to court. Then they will withdraw the fine and serve you with a charge and summons. The question then is will the police withdraw the charge. That depends on how things go for you at the summary case conference or the contested hearing, which will depend a lot on how different the police evidence is to what you say above.

centrifea
Posts: 3
Joined: Sat Aug 15, 2020 6:32 am

Re: Water flooded the road and I crossed the white line

Postby centrifea » Sat Aug 15, 2020 11:43 pm

Alright, thank you sir Sean. I have applied an internal review regarding this issue, and provided the photo of the road which was flooded by the rain water proving that the line was indeed not visible at night when water is over the road.

If they review it and decide to withdraw the summons. Good for me, if not, I will just suck it up and pay the fine and incur the demerit points. I don't wanna risk losing the court case and get a conviction recorded against me, because I am a profession driver, and have a few accreditions and also certified to drive HAZMAT vehicles aka placard holder. So I don't want my accredcitions get affected.

On the side note the exact conversation were something like this
police: "You were driving on the line"
me: "did I"
police: "yes, your right tire touched the line"
police: "can I have you name and address please"
me: *proceed to give me name and address*
police: "we will mail you the infringement notice, for driving on wrong side of the road"
me:"did I drive on the wrong side? or did I cross the white line?"
police: "your tires did touch the line, you did not cross it, but your tires were couple of inches on the line, which is very dangerous"
me: "can I get a warning instead?"
police: "no that's a dangerous and serious offense"
me: "ok, have a nice day"

Hardy
Site Admin
Posts: 8349
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Water flooded the road and I crossed the white line

Postby Hardy » Sun Aug 16, 2020 12:04 am

If you are serious about winning your case you did yourself a dis-service by seeking internal review.
If your plan is to pay the fine but you just want to have a whinge before doing so, then internal review is the perfect place to do that. If the police didn't think you should get a fine they wouldn't have pulled you over. It doesn't matter whether you or I think you didn't commit an offence - apparently the police are going to tell the court it was very dangerous and serious and no doubt they will have an audio and/or video recording of them telling you that.

centrifea
Posts: 3
Joined: Sat Aug 15, 2020 6:32 am

Re: Water flooded the road and I crossed the white line

Postby centrifea » Sun Aug 16, 2020 12:24 am

I guess I will just pay, this is my first 3 demerit points. But just a quick question for future refrences, for example if I do incur 12 points within 3 years, how does license suspension start? like is it immediately after I hand back the license to vicroads, or is it after 28 days. After the 3 months how do I get my license back? Do I have to complete a course or anything?

Hardy
Site Admin
Posts: 8349
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Water flooded the road and I crossed the white line

Postby Hardy » Sun Aug 16, 2020 12:31 am

Demerit point process is all described at http://www.trafficlaw.com.au/demerit.points.html


Return to “Other traffic offences”

Who is online

Users browsing this forum: No registered users and 1 guest