Fail To Give Way - To Challenge Or Not To Challenge In Court?

[ssxRicho]

That is all true. The point of argument is that as the driver of the car turning right you should reasonably expect a vehicle in the slip lane to be:

1. Turning left

2. Slowing down and merging

None of which the other driver proceeded to do.

[some_cs_student]

That is all true. The point of argument is that as the driver of the car turning right you should reasonably expect a vehicle in the slip lane to be:

1. Turning left

2. Slowing down and merging

None of which the other driver proceeded to do.

Even the police officer advised point (2) is illegal, you *must* turn left from a left turning lane.

If you look further back on that road, you specifically enter the slip-lane about 20metres back and its clearly marked as left turn only.

I doubt a judge will see it that way, I'm just deciding whether to challenge on principal or not.

Agreed that you are supposed to give way to all on-coming traffic, but I didn't expect someone to be driving through a left-turning slip lane.

It is a poorly designed intersection as the traffic island should sit more forward to prevent someone slipping down the left lane and then merging.

[R31Nismoid]

but I didn't expect someone to be driving through a left-turning slip lane.

And this is where your issue is going to be.

Expectation does not proceed awareness. You are meant to be aware and observant at all times. I remember it from my "Ps" test actually where they use the example of a country road - driving along and you get a few options

1. looking dead ahead

2. looking all around you for potential dangers/hazards

Obviously it's #2.

Either way it's a shitty situation and just the Police being arseholes really. Something like this shouldn't have occurred, it'll probably be a young constable out to get some brownie points.

[Cowboy1600]

I'd say go into court, explain the situation and the magistrate will throw it out quick smart. TBH I personally wouldn't even bother with a lawyer, but that's because I am confident I can explain the situation clearly and concisely. If you are not then you may wish to price up a lawyer (note it won't be cheap).

Magistrates are generally reasonable and quite frankly there's not a person alive (notice I said person, some police aren't people) who would not find this totally unreasonable.

Technically there may be some way you are responsible, but in this case the magistrate will have powers of discretion and so long as what you say is factual and you are polite and concise I'd be amazed if he didn't take one look at it and request the police quit wasting his time.

[KURAUN]

i would fight it too, its clearly marked as a left turn only and has a solid line before the intersection

they would have to have a split line the whole way down if you were allowed to merge from that lane

seems stupid to have it right at the intersection only... unless its just for the entering and crossing from the opposite side saying its allowed

[some_cs_student]

Thanks for the info.

The chances are slim, but I've decided to challenge it on principal, I'd rather lose in court than accept the fine.

[Cowboy1600]

I don't think your chances are as slim as you would think.

It's not unusual for the po-po to throw out fines expecting them to stick even when they know they do not have much of a case. I wouldn't be at all surprised if, now the coppers have to sit down and build a case against you, that they decide to withdraw the charge.

And I would be surprised if the worst case was anything more than the Magistrate handing you the absolute bare minimum possible penalty. I would expect, however, that he dismisses all charges as I think any reasonable person would agree that you were not doing anything wrong. Technically you may have, but this is not an open and shut case and the Magistrate will have room to decide for himself and most Magistrates are reasonable people, and have often been known to place closer scrutiny on the po-po that the civvie. And don't forget, the po-po will have to PROVE that you broke the law, you don't have to prove you didn't, unless the police really have something solid to hit you with.

[gdogzgtr]

The courts definitely put a lot more emphasis on police to be spot on with everything. We just had case thrown I was involved with out, for car the we impounded doing 70 over speed limit as the informant signed the wrong date on summons. Simple as that, case withdrawn.

My last one similar to this was a contested fine for number plate (had no reflective paint at all) as prosecutor advised me to drop matter as Magistrate would only see it under bright lights in court and give them benefit of doubt.

If you contest it, get some form of legal representation, even legal aid. explain your case at contest mention to prosecutors and very good chances for you to have matter withdrawn.

[some_cs_student]

Thanks Graeme. Appreciated.