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Traffic Infringment: Arguing it to court?

SR32

By SR32,
in Western Australia

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SR32 Rising Star

SR32

Posted
Posted

Ok recently i was pulled over and fined for not indicating x 2. i dont have enough points left to take this lightly.

Here's what happened....

I was in right lane.

Van infront of me decides to do u turn at specific "NO U-TURN" sign, indicate at the last minute and leave their ass hanging out in the lane.

To avoid braking heavily and possibly receiving a rear end hit i checked the lane beside me, it was clear so i changed lanes, went around the van and back into the right lane...weeoooh cops pull me over.

I explained the situation, still got the fine and if it weren't for my permits, i woulda got a yellow as well.

I dont even remember if i indicated or not, the fact is it was a last minute decision because of the sudden change in what was a smooth continous traffic flow.

Anyone been through something similar? Is there a way to settle it out of court?

32vspecII Mentor

32vspecII

Posted
Posted

it was your fault , you were following to close . you should always leave enough distance behind the front car to stop if there is sudden braking . Swerving and changing lanes is a never a good idea , lots of people swerve into an opposite oncoming lane and have a head on collision.

youve got to break in your lane in time to not hit the car infront , same for the people behind you . If not you were following to close .

you have no chance of fighting it and winning . the out of court settlement is to pay the fine .

Style32 Community Regular

Style32

Posted
Posted

You may be able to get it lessened, theres no harm in trying. Write them a letter explaining the situation (if u have a clean record even better) just be polite but formal in your letter and hope for the best. Its worked a couple of times in the past for mates of mine and i myself have gotten away from a fine by explaining the situation.

Drkside Collaborator

Drkside

Posted
Posted
Ok recently i was pulled over and fined for not indicating x 2. i dont have enough points left to take this lightly.

Its not worth Fighting it, I'd say based on the above comment her record is not "clean"

Simple fact is if you needed to swerve to avoide the traffic in front you were following to closely. Chances are you got off lighly with a charge for no indication. You could have been charged with careless driving or worse

Gav Mentor

Gav

Posted
Posted

One of the few remaining benefits of being in Australia is that you have the right to take this to court if you want to.

They cannot give you a greater penalty - only what you have been charged with plus court costs. If you do elect to take it to court, you have the right to request the officer's statement that will be presented. Make sure that you do this as the version presented is often very different from your recollection (or reality?).

Good luck.

GTRgeoff Grand Master

GTRgeoff

Posted
Posted

In addition, in order to preserve you license, you can advise that you will be contesting the matter, and by the time you get a summons you should have (hopefully) points back so you can pay the fine and any admin fee and still have a license.

At any time before you actually appear in court you can pay the fine and the matter is finished.

It is no substitute for good driving, but simply a means to keep your license and learn to keep it clean.

Edit: your points are not deducted until you pay the fine.

Style32 Community Regular

Style32

Posted
Posted

her32 it is worth a try to write them a letter, just explain the situation, its not gauranteed to get you out of it but its worth a try. simply writing them may save u a bit of money, and if it doesnt work there was no harm in trying

32vspecII Mentor

32vspecII

Posted
Posted
There was at least a 3 car space between my car and the van infront if me.  

This road is not safe for u turns, hence the sign that says "no u-turn"...

it doesnt matter if theres a 50 car space , if you cant stop in time and have to swerve into another lane , your to close your at fault .

It doesnt matter if they guy decides to just stop in the middle of the road for no reason , if you hit im from behind or commit an offence to avoid hitting him from behind its your fault .

Sorry im just telling what is in the road code .

ossie_21 Grand Master

ossie_21

Posted
Posted

Have to agree with the others, if you had enough time to brake, or do as you did & check your blind spot, you had enough time to indicate. Try your best as far as you want to go, but I don't fancy your chances. They will also take into account the fact you already have a decent amount of points against you.

Let us know what happens anyway, good luck with it.

APA Grand Master

APA

Posted
Posted

don't bother trying to fight it, i lost my license 2 weeks ago (not for anything stupid i might add just accumulation of 12 one pointers........) just take what you have been given, if it makes you lose your license so be it...... trust me I couldn't afford to lose my license either as I have work,studies and other commitments but hey shit happens and I did....... Don't bother applying for E plates if you only get a 3 month ban either as by the time you get to court to explain why you should be given the E plates the three months would have been up already :) Enjoy transperth as it's my New Best Friend too :rant:

ix9 Grand Master

ix9

Posted
Posted

I've argued the point. Never won but, always worth arguing a point when your about to lose your license for points.

Then by the time you actually have to pay the fine you get enough points back :)

My longest time to postpone a fine was 18months and coming in a close second was 13 months :)

Good luck :)

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