Our client was stopped behind two other cars waiting to turn right. The intersection was controlled by a main red light, a green turning arrow and an amber turning arrow.
What is alleged to have occured?
The green turning arrow lit and the cars in the turning lane commenced their right hand turn. At this stage a pedestrian stepped onto the road and the vehicles were forced to stop. All three cars had moved into the intersection. Our clients front tires were past the final white line and he considered he was in the way of oncoming traffic. By the time the pedestrian had moved back to the curb the light had turned amber and then disappeared.
The cars began to move and the red light camera operated and took a picture of our client. He received a fine and sought advice from us, who acted on his behalf at the Melbourne Magistrates’ Court. We advised that if he was already in the intersection at the time the light went red, then he was obliged to clear the intersection and would have a defence to the charge. Our client elected to take the matter to Court and contest it.
What happened at court?
We appeared for the client at initial negotiations with police and at the contested hearing. The police were advised that our client’s position was that he was already in the intersection when the light became red. Police insisted that the camera would not operate if that were the case.
We conducted further research on the induction loops that operate the cameras and disputed the police position. Despite being put on notice the police decided not to call any expert evidence.
What was the result?
At the hearing, we called evidence from our client as to his movements and the fact that he was already in the intersection. The Court was satisfied that our client was already in the intersection and required to proceed.
The charge was dismissed and the police were ordered to pay his costs.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013
