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Losing My Liscence :(

wnted1

By wnted1,
in South Australia

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wnted1 Collaborator

wnted1

Posted
Posted

Hey guys well heres the story im on my P2's i HAD one point left and today i went through an amber light in the city which apparantly carries the same penalties as going through a red light! Which is an on the spot fine and 3 demerit point :blink: Sooooooo cutting a long story short i know i will be losing my liscence but as my new job involves me driving all day and i go to tafe at panorama from the north east suburbs i really need my liscence!!! Is there any way i will win an appeal, and what will happen if i do??? Do i get my liscence back or what happens??

Some help would be much appreciated as i am stressing right now!!!!

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https://www.sau.com.au/forums/topic/327255-losing-my-liscence/
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RubyRS4 Grand Master

RubyRS4

Posted
Posted

Going thru an amber light attracts demerit points??? :blink:

What are you supposed to do ... guess the lights are about to change and start stopping at a green light hoping it goes amber then red, before some car rear ends you?

Sounds like BS to me. I'd query that, if you'd been fined on the spot for it.

jrm Veteran

jrm

Posted
Posted

? :blink:

... it's completely legal to go through an amber light last I checked - that's the whole point of the amber light? (Only stop for the amber light if it's safe to do so). Red light cameras are - as far as I'm aware - only designed to pick you up if you proceed through the intersection when the light has already turned red.

Unless you've been picked up by a police officer for going through the orange light - then it's usually up to their discretion, but only time I've ever seen anyone picked up for that the cop just gave them a warning? (who are they to decide that it would have been safe for you to stop, really - you're the one in control of the vehicle)

wnted1 Collaborator

wnted1

Posted
  • Author
Posted
Going thru an amber light attracts demerit points??? :blink:

What are you supposed to do ... guess the lights are about to change and start stopping at a green light hoping it goes amber then red, before some car rear ends you?

Sounds like BS to me. I'd query that, if you'd been fined on the spot for it.

Yepp lol SHE pulled out some piece of paper that states going through an amber light results in 3 demerit points and a fine of 310$ i went to the popo station to find out it is true!!!! The cop doesnt have to pin you for it but if they want to they can, the officer in question a female lol tried to defect me which i knew i had coming anyway tried to say my rear window tint was too dark but failed to notice that i had a carbon bonnet am as low as a mofo!! Was lucky i didnt get defected :blink: But anyway like u said i think its BS!

wnted1 Collaborator

wnted1

Posted
  • Author
Posted
? :blink:

... it's completely legal to go through an amber light last I checked - that's the whole point of the amber light? (Only stop for the amber light if it's safe to do so). Red light cameras are - as far as I'm aware - only designed to pick you up if you proceed through the intersection when the light has already turned red.

Unless you've been picked up by a police officer for going through the orange light - then it's usually up to their discretion, but only time I've ever seen anyone picked up for that the cop just gave them a warning? (who are they to decide that it would have been safe for you to stop, really - you're the one in control of the vehicle)

Tell me about it i tried to be as nice as possible to maybe get let of with a warning, but nope and it was in the middle of the city around 3.30 how many other cars went through an amber light that she clearly saw and culd have pinned. She went through a red light anyway just to pull me over i would think thats more dangerous than me going through a yellow!!!!!

ISC-Performance Veteran

ISC-Performance

Posted
Posted

you were just unlucky, but yes you can definetly appeal to get your license back and there's a 99% chance they will give it to you as you need it for your work and the traffic offence wasn't overly serious like drunk/drug driving, speeding, reckless driving etc.

Ryan

jrm Veteran

jrm

Posted
Posted

If anyone cares, the URL for the law regarding all this is at austlii website.

If you can safely argue that you didn't believe it was safe to stop (and if you didn't speed, and they didn't get you for speeding - and others were traveling through it at the same time) - then you've probably got a pretty good case for it being thrown out. Whether you want to bring in the idea of the car being targeted because it's an import, not sure if that would harm or hinder things - perhaps consult with one of those lawyers who give out free advice before taking this to court?

Madaz Grand Master

Madaz

Posted
Posted
If anyone cares, the URL for the law regarding all this is at austlii website.

If you can safely argue that you didn't believe it was safe to stop (and if you didn't speed, and they didn't get you for speeding - and others were traveling through it at the same time) - then you've probably got a pretty good case for it being thrown out. Whether you want to bring in the idea of the car being targeted because it's an import, not sure if that would harm or hinder things - perhaps consult with one of those lawyers who give out free advice before taking this to court?

that's us i thought :blink: your friendly e-solicitor

Mayuri Krab Grand Master

Mayuri Krab

Posted
Posted
Going thru an amber light attracts demerit points??? :blink:

What are you supposed to do ... guess the lights are about to change and start stopping at a green light hoping it goes amber then red, before some car rear ends you?

From the law's black & white point of view, pretty much.

Back when I was on my Ls I remembered being told that if you are approaching a traffic light that is green ease of the throttle & put your foot over the brakes & be ready to brake as soon as it turns amber unless you are already passed the solid lines...

In WA, running an amber was 2 points fine last time I checked.

hiroe Rookie

hiroe

Posted
Posted
If anyone cares, the URL for the law regarding all this is at austlii website.

If you can safely argue that you didn't believe it was safe to stop (and if you didn't speed, and they didn't get you for speeding - and others were traveling through it at the same time) - then you've probably got a pretty good case for it being thrown out. Whether you want to bring in the idea of the car being targeted because it's an import, not sure if that would harm or hinder things - perhaps consult with one of those lawyers who give out free advice before taking this to court?

This is true, the law states that you must stop on an orange light provided it is safe to do so. You could claim to not have had the time to look in your rear view mirror to ensure there was noone following closely and as a result proceeded through the orange. Easy (hopefully!) :blink:

Dohmar Grand Master

Dohmar

Posted
Posted
Appeal and get your license back before the new laws come into affect.

In spite of the rule of the law, the magistrate wont really give a rats arse

They'll probably tell you to make sure to be aware but end up revoking the fine

I for one think an amber light penalty is stupid - not everyone can judge as quickly as the local copper

I would simply front up to the magistrate and say 'in my opinion it would have been less safe for me to rapidly brake ,as I estimated I would have enough time to cross the road safely" and that the official transport SA rulebook says nothing about amber light penalties.

I would also point out to the magistrate the police officer in question followed you across red lights (did she have lights/sirens on? if NOT then she could get in the shit - at the least it would cause both the prosecuring sgt and the officer a tonne of paperwork..)

Point out that you never exceeded the 50kph speed limit, and that your wheels never lost traction (as opposed to say, slamming on the brakes and sliding to a halt before orange lights)....

And definately run this past a qualified lawyer before u front into court. Wear a suit. Don't chew gum. Stand up straight and be the best example of a model citizen you can be - these simple things go a long way when it comes to magistrates. A good lawyer might even argue that the officer in question was simply making quota, or was targeting you because of (x) reason - I wouldnt advise this if you represent yourself, as soon as you treat the police prosecuting sergeant as a hostile witness then you loose a bit of credibility - unless you're a paid lawyer.

Theres no reason you should have to cop the demerits OR a fine for going thru an orange light imho, and if I was in the same position, that is what I would do.

You mileage may vary

-D

skyhighR33 Community Regular

skyhighR33

Posted
Posted

Thats a crock, how can you get fined for amber light, just say you were close to the lights doing normal speed and didn't have time to break! imgaine a truck doing that they defs have no time to stop especially with 14+ tonnes behind them. i'd say when you get the ticket bring that up they wouldn't have a foot to stand on lawyer may cost you a bit but get one you have a better chance of walking out a free man.

bezender Grand Master

bezender

Posted
Posted

fyi, you only cop the demerit points when u make a payment on the fine (ie. admitting fault, and NOT electing to be prosecuted) or if u dont pay it and it becomes enforced by the court.

seriously, elect to be prosecuted once you get the fine and have your day in court.

ax53b70p25 Experienced

ax53b70p25

Posted
Posted
? :whistling:

... it's completely legal to go through an amber light last I checked - that's the whole point of the amber light? (Only stop for the amber light if it's safe to do so). Red light cameras are - as far as I'm aware - only designed to pick you up if you proceed through the intersection when the light has already turned red.

Unless you've been picked up by a police officer for going through the orange light - then it's usually up to their discretion, but only time I've ever seen anyone picked up for that the cop just gave them a warning? (who are they to decide that it would have been safe for you to stop, really - you're the one in control of the vehicle)

the police have the power to change your life!!!!! try arguing with them and see how far it gets you...

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