Jump to content
SAU Community

Traffic Infringment: Arguing it to court?

SR32

By SR32,
in Western Australia

 Share

Recommended Posts

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 :)

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing


  • Latest Posts

    • MBS206
      Duncan's V37.......race car?

      By MBS206 · Posted

      Even more fun, leave all the ADAS stuff plugged in, but in different locations, hopefully avoid any codes!   And honestly, all these new cars with their weird electronics. Pull all the electronics out Duncan, and just shove an aftermarket ECU and if needed a trans controller in, along with a PDM. Make it run basic but race car styled!
    • Duncan
      Duncan's V37.......race car?

      By Duncan · Posted

      To follow up a question from earlier too since I had the front bar off again (fking!) This is what is between the bumper and the drivers side wheel And this is the navigator side, only one thing but its a biggy! So basically....no putting coolers in the wheel arches without a lot of moving other stuff. Assuming I move to properly race prepping this car I'll take that job on and see how the computers respond to removing a whole bunch of ADAS modules
    • Duncan
      Duncan's V37.......race car?

      By Duncan · Posted

      So I prepped the car for another track day on Wednesday (will be interesting to see coolant temps post flushing out and the larger reservoir, with a forecast of 3-14 being 20o cooler than last time I took it out). Couple of things to mention; since I am just driving the car and not taking a support vehicle, I took the rear seats out and just loaded the back up Team Trackday style. Look at all that space! To cover off removing the rear seat....it is weird (note the hybrid is probably different because it wouldn't have folding rear seats) Basically, you remove the lower seat base, very similar to a r series but it is a clip that pulls forward to release the base rather than it being bolted down. Easy Then, you need to remove the side section of the rear seat on each side. There is a 14mm head nut at the bottom of the side piece, the it slides upwards off a hook at the top to release; you also need to unhook the seatbelt from the loop at the top. Then the centre piece is weird. You need to release/fold the seats forward with the tab in the boot on each side From there, there are 2,x12mm headed bolts holding the rear of each seat to the folding bracket, under the trim between the rear seat and the boot (4x christmas tree clips there, they suck). The seat is out but you can see where the bolts attach to the bracket
    • RP1421
      S15 Spec R

      By RP1421 · Posted

      As discussed in the previous post, the bushes in the 110 needed replacing. I took this opportunity to replace the castor bushes, the front lower control arm, lower the car and get the alignment dialled in with new tyres. I took it down to Alignment Motorsports on the GC to get this work done and also get more out of the Shockworks as I felt like I wasn't getting the full use out of them.  To cut a very long story short, it ended up being the case the passenger side castor arm wouldn't accept the brand new bush as the sleeve had worn badly enough to the point you could push the new bush in by hand and completely through. Trying a pair of TRD bushes didn't fix the issue either (I had originally gone with Hardrace bushes). We needed to urgently source another castor arm, and thankfully this was sourced and the guys at the shop worked on my car until 7pm on a Saturday to get everything done. The car rides a lot nicer now with the suspension dialled in properly. Lowered the car a little as well to suit the lower profile front tyres, and just bring the car down generally. Eternally thankful for the guys down at the shop to get the car sorted, we both pulled big favours from our contacts to get it done on the Saturday.  Also plugged in the new Stedi foglights into the S15, and even from a quick test in the garage I'm keen to see how they look out on the road. I had some concerns about the length of the LED body and whether it'd fit in the foglight housing but it's fine.  I've got a small window coming up next month where I'll likely get a little paint work done on the 110 to remove the rear wing, add a boot wing and roof wing, get the side skirt fixed up and colour match the little panel on the tail lights so that I can install some badges that I've kept in storage. I'm also tempted to put in a new pair of headlights on the 110.  Until then, here's some more pictures from Easter this year. 
    • joshuaho96
      R32 GTS (RB20DE) Injectors Replacement

      By joshuaho96 · Posted

      I would put a fuel pressure gauge between the filter and the fuel rail, see if it's maintaining good fuel pressure at idle going up to the point when it stalls. Do you see any strange behavior in commanded fuel leading up to the point when it stalls? You might have to start going through the service manual and doing a long list of sensor tests if it's not the fuel system for whatever reason.
×
×
  • Create New...