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thread: [ADVICE] Challenging a driving infringement

  1. #1
    BellyBelly Member

    Nov 2008
    in the ning nang nong
    12,163

    Question [ADVICE] Challenging a driving infringement

    A good friend has received a ticket ($361 and 3 demerit points) for allegedly running a red light.

    They're pretty unimpressed, because they remember the car trip in question very clearly, and when turning right, they saw the flash of the camera, and mentioned to their spouse (in the car) that the camera was a bit eager, as they were half way through the intersection when the light went red. They say that the light was definitely amber when they entered the intersection.

    They have an almost spotless record, and quite frankly don't want to be paying hundreds of dollars (and losing points) for something they didn't do.

    I could easily refer them to a lawyer, but at the end of the day that's going to cost them more than the ticket. I don't know anyone who does stuff like this for free.

    Who has challenged (or negotiated) something like this before?

    Any tips I can pass on?


  2. #2
    BellyBelly Life Subscriber

    Jan 2004
    Melbourne, Australia
    1,002

    Re: [ADVICE] Challenging a driving infringement

    Had something similar happen many years ago. Think it was victoria parade ie. a really large intersection. I just wrote a letter and sent it off with my signed copy of the form to acknowledge it was me driving my car but that I disputed it's validity. I got off but it was a loooong time ago. If they really believe it was unreasonable it does not hurt to try.
    I have recently had to write to them to dispute additional costs they put onto my DH ticket and they withdrew them so have found them to be reasonable to deal with.

  3. #3
    Thankful for the kindness of my 2012 RAK making me Life member

    Jul 2007
    melb
    8,498

    Re: [ADVICE] Challenging a driving infringement

    Grr I feel the pain of your friend! I had never ever had any fines and I got a red light one on way to OB appt when 36 weeks preg with DS2. Was a crappy intersection and another car had slowed and stopped half way around (Turning right next to Vic market into Victoria street so cars people and trams!!) I spoke to a variety of people who said I could try and appeal but due to the fact of the time frame after the red changed I would not be able to get out of it!! DEVASTATED

    DH has got out of a speeding fine before by writing and saying he had made an error of misjudgment and had no fines for a number of years and he got off.

  4. #4
    BellyBelly Member
    Add Beatrix on Facebook

    May 2007
    within a puff of pink
    3,315

    Re: [ADVICE] Challenging a driving infringement

    Ask to see the photo taken. The fine should have the option to view it.

    The camera normally takes two pictures and you will be able to clearly see where the car is when the light Is changing.

    The photo will determine whether they can appeal or not.

  5. #5

    May 2008
    Melbourne, Vic
    8,631

    Re: [ADVICE] Challenging a driving infringement

    I've successfully appealed a speeding fine and unsuccessfully appealed a parking fine. It is worth trying.

    Definitely do as Beatrix says above.

  6. #6
    Registered User

    Jun 2010
    Tiny Town
    4,675

    Re: [ADVICE] Challenging a driving infringement

    Yep, Beatrix has given great advice. From what I understand, if there's movement by a car in the intersection while the light is red, two photos are taken. Even though the light was orange when they entered the intersection, it's orange for a while and if they were turning right they probably wouldn't have been going all that fast and should have had time to stop and not still be in the intersection when the light was red - just what the department may say if they do appeal.

  7. #7

    May 2008
    Melbourne, Vic
    8,631

    Re: [ADVICE] Challenging a driving infringement

    Do a google search too, I found lots of tips on a website somewhere about how to appeal speeding fines.

  8. #8
    BellyBelly Member

    Nov 2008
    in the ning nang nong
    12,163

    Re: [ADVICE] Challenging a driving infringement

    Hmmm ... could you please PM me a link?

    I've found a few, but I'm not sure how good the ones I've found are ...

    Thanks ladies. Yeah, apparently you can buy the pics for $7.50 but have to pay by cheque, or go in person - so I can't do that for them.

  9. #9
    BellyBelly Life Subscriber

    Jul 2008
    Eastern Surburbs, Melbourne
    1,841

    Re: [ADVICE] Challenging a driving infringement

    I had a fine a year or so ago and wrote a letter saying I had never had a fine in all my years of driving. I asked them to take my driving history into consideration.
    They wrote back, I think after a month or so, to say the fine was cancelled but I could not re offend within the next 3 years.

    It is worth writing and asking to have your driving record looked at if you have a clean record.

  10. #10
    BellyBelly Member
    Add Beatrix on Facebook

    May 2007
    within a puff of pink
    3,315

    Re: [ADVICE] Challenging a driving infringement

    Without the picture they won't be able to appeal anything.

    So they will have to get that.

  11. #11
    Senior Moderator

    Nov 2004
    Chickens.
    4,989

    Re: [ADVICE] Challenging a driving infringement

    You definitely need the pictures. Particularly if they have a history.

  12. #12
    BellyBelly Member

    Oct 2007
    Middle Victoria
    8,924

    Re: [ADVICE] Challenging a driving infringement

    My DH had a similar thing happened, he recalled the day and was sure that he had not run a red light (plus, its not something he does) but the photos said otherwise. Worth looking at the photo before going further.

  13. #13
    BellyBelly Life Subscriber

    Sep 2008
    Gold Coast
    1,153

    Re: [ADVICE] Challenging a driving infringement

    Hmmm ... could you please PM me a link?

    I've found a few, but I'm not sure how good the ones I've found are ...

    Thanks ladies. Yeah, apparently you can buy the pics for $7.50 but have to pay by cheque, or go in person - so I can't do that for them.
    Well if they really care, then certainly they will get the pics?
    I would just tell them this and leave it in their court

  14. #14
    BellyBelly Member

    Nov 2008
    in the ning nang nong
    12,163

    Re: [ADVICE] Challenging a driving infringement

    I know they can't get into town, but I would imagine they can get their hands on a cheque or money order.

    If I could pick them up for them I would, as I work in town, but I can't imagine I could do it on their behalf.

    I'll pass on the tips, the website(s) and tell them to get the photos as a starting point.

    Thanks so much, ladies!

    Any other advice or success stories would be appreciated

    I checked, and they have an otherwise almost spotless driving history (a failure to give way - no speeding/red light/drinking etc).

    Fingers crossed they can get a warning ... this is a lot of money for them right now.

    My DH had a similar thing happened, he recalled the day and was sure that he had not run a red light (plus, its not something he does) but the photos said otherwise. Worth looking at the photo before going further.
    That sucks Sorry to hear it.

  15. #15

    Jun 2010
    District Twelve
    8,425

    Re: [ADVICE] Challenging a driving infringement

    I got my first ticket ever for going though a 'red' light (which was yellow) near my house recently. I heard they only excuse speeding with a clean record so I just paid it. Didn't have the emotional energy to deal with it further.

    Wonder if it was the same intersection PN?

  16. #16
    BellyBelly Member

    Nov 2008
    in the ning nang nong
    12,163

    Re: [ADVICE] Challenging a driving infringement

    Not near your place. Near the eastern.


  17. #17

    Jun 2010
    District Twelve
    8,425

    Re: [ADVICE] Challenging a driving infringement

    For future reference, this one was the intersection near CG Woolworths. Turning arrow

  18. #18
    BellyBelly Member

    Nov 2008
    in the ning nang nong
    12,163

    Re: [ADVICE] Challenging a driving infringement

    Noted ! Thanks

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