Red light advice

Yellow Lights
priscillal
Posts: 1
Joined: Mon Mar 13, 2017 1:00 pm

Red light advice

Postby priscillal » Mon Mar 13, 2017 1:10 pm

Hi there,

I received two red light infringements last year on successive days at the infamous intersection of William and Flinders Streets in Melbourne. Both occurrences did not have green arrows displayed however they did have green lights so I legally was 'propped' in the intersection waiting to turn right when the traffic cleared, which in my cases was when the light turned from green to red. I was snapped as "entering the intersection" 2.1 seconds after light had turned red, however this was not the case in either of the days as I was already in the intersection, as opposed to entering once the light was red. The photos attached to my fine show my car well past the solid white line and within the intersection. Furthermore, there are tram tracks that travel along Flinders where I was turning from, hence it is difficult to be completely within the intersection whilst waiting as they often beep if cars block them.

I disputed the initial fines and have now received a court notice. I have never received any infringement in the 8 years I have had my license (unsure if that bears weight to the Magistrate's ruling?) and as the first infringement came after I had allegedly done the crime twice, I was unable to amend my driving in time to avoid a second fine. Essentially, is it worth me going to court to continue to dispute this?

Hardy
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Re: Red light advice

Postby Hardy » Mon Mar 13, 2017 8:53 pm

It is six demerit points.
So if you need to avoid that many points the only option you have is to defend the case in court. Obviously you are unable to nominate a responsible person if you were the person driving, so that option is unavailable to you.
You now have a court date so the only questoin left is whether you plead guilty or not guilty. Pleading guilty will achieve nothing and you may as well have just paid the fines when they rolled in. You need to plead not guilty - then maybe the prosecutor will drop one charge if you plead guilty to the first one (quite unlikley but still faintly possilbe). As it is very likely that you have been charged with entering an intersection against a red arrow, there is a good chance of winning if you use a lawyer who knows the correct way to win this type of charge (there are only two I know of who do). I think the chance of you winning without one is quite low in a case like this. Your claim that you were in the intersection when the arrow changed to red is unlikley to get you anywhere. Most Magistrates will accept that the red light camera system is incapable of taking a photo of a car that has entered the intersection prior to the light turning red. It is actually harder to design a camera system that is capable of taking photos of cars that have entered an intersection on a green light but are still in the intersection when the light is red than it is to design a system that takes photos only of cars that enter after the light is red.

It is very common for people to not engage a lawyer to fight a case like yours unless they are about to lose their licence and their licence is important to them.


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