[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?

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.

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.

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.

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

Definitely do as Beatrix says above.

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.

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

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.

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.

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

So they will have to get that.

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

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.

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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.

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Well if they really care, then certainly they will get the pics?
I would just tell them this and leave it in their court :dunno:

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.

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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.

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That sucks :( Sorry to hear it.

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?

Not near your place. Near the eastern.

:(

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

Noted ! Thanks :)

I didn't get a photo when I appealed. Just sent my letter and waited :)

Not sure about Vic, but in NSW you're no longer allowed to run through amber (in case it turns red while going through). They may have been caught by a similar change. You can be booked by a police officer if you go through an amber light (ie after it has changed) and most of the red light cameras here also check speed as well. Not sure if that's relevant.

I thought the same as Jennifer. Amber is a warning to stop. If the light turns red as you go through it, then you didnt have enough time to get through.

I recently received a fine for the same thing. I was turning right through an intersection on amber and it turned red. Apparently, it was red for 1.2 seconds.

Recent changes have increased fines for accelerating at an amber light.

I got pulled over for running an amber light (mind you at really slow speed i wasnt speeding) Officer said running an amber is illegal and should only happen if it was unsafe to stop ie the car behind you would have slammed into you.

After that i slow down at lights just incase it was gonna turn amber and i swear nearly everyone runs amber lights!

Entering an intersection on an orange light is actually illegal under the Regs.

Road Safety Road Rules 2009, Part 6—Traffic Lights and Twin Red Lights, Section 57 (1)

You have to stop, if it is safe to do so.

I can't believe they have to pay for the photo! Here in SA they have to provide it if you request it's otherwise what proof is there of an infringement??