Red light offence but no red light in images

Yellow Lights
DP7
Posts: 3
Joined: Fri Jun 22, 2018 12:58 pm

Red light offence but no red light in images

Postby DP7 » Fri Jun 22, 2018 5:12 pm

Hi, I received a red light infringement notice in March stating the lapsed time on red was 28 seconds-I was making a right hand turn from High street rd into Stephensons rd Mount Waverley. I was surprised as I had no recollection of going through a red nor an amber light, let alone after 28 seconds. When I checked the image it clearly showed no red light or red arrow. I contacted VicRoads to enquire as to whether the arrow light was not working at that time, and they said there was no record of any faults at that intersection at that time. I requested an internal review as there was no red light visible, thinking this was a technical error and the fine would be withdrawn as there was clearly no red light on either image.- but three months later I received a letter stating they were satisfied an offence was committed. I am puzzled how this can be; I don't understand the technicalities, and am unsure whether to pursue further. I understand that there is a sensor in the road and this is how they determine that you have committed an offence, but can the lights and sensor be out of sync, or an I missing something? Advice would be greatly appreciated.
Apologies-I wanted to post the photo, but I cant work out how to attach the image


thankyou

Hardy
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Re: Red light offence but no red light in images

Postby Hardy » Fri Jun 22, 2018 11:47 pm

You don't say the lights applicable to you were green, which would be good grounds for having the fine withdrawn. This is not surprising because it is not possible to get a red light camera fine when the applicable light is green. The camera takes a photo of the number plate of the offending vehicle. The camera already knows the light is red, so it does not need a photo of that. Your problem is that you have no evidence at all to dispute the police evidence that the light was red when vehicle entered the intersection (or when the photo was taken). But all is not lost - if it is really important to win and you want to spend lots of money, then take it to court and then get legal representation.

DP7
Posts: 3
Joined: Fri Jun 22, 2018 12:58 pm

Re: Red light offence but no red light in images

Postby DP7 » Sat Jun 23, 2018 10:24 am

Sorry, the red arrow applicable to me was not active ie only the green light was active (for the traffic going straight)-there is no green turning arrow at that intersection. As there is no green arrow on that set of lights- one would assume when the red arrow disappears, you are free to turn right when it is safe to do so.
The first photo shows my vehicle stopped over the pedestrian crossing, with my front wheels just over the crossing- there is no red arrow- is this considered as the point the vehicle has "entered the intersection"? The second photo shows my vehicle completing the turn- still no red arrow.
thank you

Hardy
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Re: Red light offence but no red light in images

Postby Hardy » Sun Jun 24, 2018 12:23 am

I’m very sure I could win that. Not so sure you would though. Simply arguing you can’t see a red arrow in the photo is unlikely to get you anywhere. Unfortunately the chance of winning depends almost entirely on complex legal arguments and strategies, which have almost nothing to do with the photograph.

DP7
Posts: 3
Joined: Fri Jun 22, 2018 12:58 pm

Re: Red light offence but no red light in images

Postby DP7 » Tue Jun 26, 2018 9:45 pm

Thank you for your reply- I will need to decide on whether to persue the matter


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