Need Some Advise!

[Alfred Y]

Hi everyone!!

The story is this, I was driving to work from sunnybank to milton. I was on Roma St and turning left into Milton Rd. I was followed the rules driving about 58km/h and before I turn left into Milton Rd I checked my rear mirror and there were a ute behind me. I start to slow down to turn into Milton Rd, (the traffic light is still Green). And I check my rear mirror again, At this time there is a undercover police car behind me. And I can't see his plate from my mirror, when I look forward again the traffic light just change from green to yellow, because the car behind was so close I choose to go and the undercover car pull me over. And issus me a ticket for fail to stop at yellow arrow. I try to explain to them but they won't listen they just told me to talk to the judge ( i don't know is it because I am a Chinese or I was driving a skyline?)

The worst thing is my "Good behaviour" will finish on 28-01-10 but because of this ticket I think my licence will be suspened. So I need everyone opinion, should I bring the case to the count or pay the fines? Please help!! In this year I follow the rules no speeding no stupid stuff, I don't want to lost my licence because of this. Please give me some advise!!! Thank you!!

[mosquitocoils]

I say go to court. If you're gonna lose your licence, fight it all the way.

The obvious arguement is that there was a car so close behind you that you deemed it unsafe to stop at the light, which is my understanding of the yellow light situation - stop when safe to do so.

Only problem will be providing evidence of this. A witness would be the best help but hey, how are you gonna find a witness?

MAYBE you could find some footage from a security camera in the area... I dunno, that's a reallllllll long shot though, I doubt you'll get any help on that one.

Good luck mate.

[Ty1]

This is why cop's piss me off so much. They should be out there doing 'real' work and not pulling people over and issuing them a ticket for something as stupid as this!!! I'd take it to court mate

[defari]

obviously the good behavior wont do you any favours..

go to court, dress nicely, be polite to the judge, explain your case. There's really not much you can do. Try refrain from mentioning you drive a skyline even though you shouldnt need to.

edit: just to note, i know the turn your talking about, its a bit blind when you turn left and usually have backpackers walking across there against the lights..

Edited January 23, 2010 by defari

[666DAN]

Probably a lot easier to have stopped hard and let the insurance company worry about who was following too closely.....

[defari]

^^ was just thinking that

[simpletool]

I feel for ya, but unfortunately it's guilty until proven innocent for traffic fines. Going to court can be balanced or it can be banging your head against a wall - depends on judge/day/weather conditions/size of your boobs.

[Col-GTSX]

Sucks dude, I would have hit the brakes if id know it was a cop car.

They would not have hit you, a new Ford/Holden will stop faster than a skyline (maybe not a r35 tho).

If they were to hit you it would be pretty funny. I mean they woul have to come up with a pretty awesome story.

This ute, you say was a D ute. The majority of D cars carry a video camera on board these days and record in high definition.

If it was a D traffic unit car then your driving will have been recorded. If you have indicated to them you want to fight it they will keep this footage.

Be very carefull about how you go from here. Think hard, did it just turn yellow or did you run an almost red light?

They will simply produce a video showing the whole thing. Also you can say you were distracted by a tail gating car, as failure to keep your eyes front could end in you getting a "Undue care and attention" fine worth a further $240 + 3 more points...

Think very carefully before you choose to pursue this particular fine. As when your found wrong they are likely to issue you will more fines.

Lets me realistic, most cops could probably do you or 3 or 4 things. But instead they generally fine you for one thing (as a bit of a warning). If you run a yellow they have the ability to charge you with dangerous driving, driving with undue care, hooning, street racing or just running he light. I think you got the sweetest deal.

Id cop it sweet or you might cop it in the wallet harder...

size of your boobs.

I've always found this does not help me...

Need bigger tits...

[l_uk3y]

If your going to challenge it. You need to be extremely confident you only just went through yellow and you definately didn't have time to stop. If by the time the light turned yellow somebody who was looking at the lights had time to stop then don't waste your time appealing as they will just show the video and you'll wear it much worse.

Luke

[Sexual_32]

Ur f**ked man.. u need 2 go 2 court 2 try win it... Plead ur case n say exactly what you've told us.. Its 3 points for that fine.. n it is no different from going through a red light unfortunately..

[joshguy]

man, fight it. you wernt in the wrong, he was up your ass, so you did it as a safer option. make sure you emphasis safty.

[Ty1]

Ur f**ked man.. u need 2 go 2 court 2 try win it... Plead ur case n say exactly what you've told us.. Its 3 points for that fine.. n it is no different from going through a red light unfortunately..

Did i read that right?? since when is it illegal to go through a yellow light?

[sneakey pete]

As of a year or so back.

[Sexual_32]

Did i read that right?? since when is it illegal to go through a yellow light?

Yeah man.. U read it write.. I dunno when they brought it in but wat SneakyPete says sounds kinda close.. i actually think it was longer ago that i got done for it.

[arbess]

ok you were issued a yellow piece of paper with the infringement on it... can you tell me what the cop wrote down in the box at the bottom and if he/she ticked the little box down the bottom that says something like "Transport Operations (Road Use Management) Act 1995". ill check the legislation for you.

[arbess]

Well you have a slim chance of getting out of this one - it will depend how good of a person you are and how well you can write.

Under the Transport Operations (Road Use Management - Road Rules) Regulation 2009:

Setion 57, Point 1

57 Stopping for a yellow traffic light or arrow

(1) A driver who is approaching, or at, traffic lights showing a

yellow traffic light—

(a) must stop—

(i) if there is a stop line at or near the traffic lights and

the driver can stop safely before reaching the stop

line—as near as practicable to, and before

reaching, the stop line; or

(ii) if there is no stop line at or near the traffic lights

and the driver can stop safely before reaching the

traffic lights—as near as practicable to, and before

reaching, the nearest traffic lights; or

(iii) if the traffic lights are at an intersection and the

driver can not stop safely under subparagraph (i) or

(ii), but can stop safely before entering the

intersection—before entering the intersection; and

(b) must not proceed until the traffic lights—

(i) change to green or flashing yellow; or

(ii) show no traffic light.

Maximum penalty—20 penalty units.

Basically if you can logically prove in your writing to the Officer in Command of the Station who issued you the ticket that stopping was not a safe option then you may have a slim chance in getting out of your ticket.

In your letter to the Officer in Command you should state the legislation and what is applicable to you and how it was not a safe option to stop because:

a) doing so may cause the vehicle behind you to crash into you due to their close travelling distance;

b) it would cause you to create unnecessary noise from your tyres; and

c) you would stop on a pedestrian crossing obstructing their way.

I would then say in reference to:

a) From your observation and your opinion, the vehicle behind you (being the undercover police car) was violating Section 126 of the Transport Operations (Road Use Management - Road Rules) Regulation 2009, where they were travelling at an unsafe distance from your car, contributing to the split second decision of continuing through the yellow light.

b) Having to stop at the yellow lights would of caused you to make unnecessary noise by screeching your tyres to a halt, violating Section 291, Point 1, subsection (a).

c) Having to stop at the yellow lights would of caused you to unreasonably obstruct the path of the pedestrian crossing [section 125, Point 1].

Man I hope I gave you some help, im tired as hell and Im not a lawyer (simple engineer). but when i fought my ticket, this was the similar approach I took in writing a letter to the Officer in Command. Be aware that I recommend you write nicely.

I have uploaded the relavant legislation for this, so any sections i have referred to are in relations to this. TrantOpRURR09__1_.pdf

-----------------------------------------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------------------------------

Terry GT-R34 - I thought you might like this - its not engineering but its fascinating how the law twists and turns.

[Darkness_Ryda1]

probably in your own interest to get a lawyer, shows your taking the matter serious and they sometimes work wonders on judge's... although they are a lil costly.

[arbess]

--continuing from my last post....

I won in fighting my ticket by writing a letter to the Officer in Command. Hope that gives you some confidence.

[peteR33]

bud id go see a lawyer they can get into all the details for you but if it was unsafe for you to stop at the orange then fight it

especially if it means your license

[Black Ninja]

Well, i had the same ticket like yours and i took it to court. The judge only believe what the coppa said which is all bullshit