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QLD Fined - Crossing centreline

Discussion in 'Politics, Laws, Government & Insurance' started by Barters81, Sep 20, 2015.

  1. So, today I got pinged by the police for apparently crossing the centreline while riding down Mt Glorious. $212 + 3 points

    Thing is, my video of the incident shows me getting close, but clearly not crossing the line. My brother was right behind me with a camera too, and his also shows I don't cross the line. You can see the police pull me over and everything....

    I asked the coppers to look at the footage, to which they replied that maybe they should look through all the footage and see if there are any other fines I should get today......so I promptly put it away.

    Do I have a leg to stand on in challenging this?

    P.S - And people wonder why I have zero time and respect for the boys in blue.....
  2. Would your body have overhung the wrong side? Keeping the wheels on the left side isn't enough on right handers.
  3. It was on a straight piece of road where I overtook my brother so no leaning. Though....I was overtaking my brother.......

    Checking the road rules it states that a rider can't ride beside another (in the same lane) unless they are overtaking, in which case a 1.5m gap is to be kept. All very visible on the video.

    I'm the sort that if I've done something wrong, I'll cop it on the chin. However today I kept to the speed limit, didn't do anything stupid and get slapped with this. When questioning it, was made to feel like a criminal and pretty much blackmailed to not try and defend myself.
  4. Fair enought then. You may have effectivley been done for being too cheeky with the overtake.

    The overhanging the centreline thing is far too common though which is why I asked. And def needs to be discouraged
    • Agree Agree x 1
  5. If you want to fight it, edit the footage to show the evidence.
    All other footage outside the incident is irrelevant.
    • Agree Agree x 2
  6. I ask because I've never had to do anything like this before. I understand I have evidence, but many on here discount helmet cams and the like as objective evidence.

    Pretty much didn't want to waste a lot of time and effort.

    Thanks for the input guys I'll contest and let you all know how I go.
  7. The rules of evidence are governed by Evidence Act 1977 and UCPR 1999 which permits video evidence, rather than the "many on here" with little to no legal expertise. You also have a witness who can provide verbal evidence the offence was not committed.

    Good luck and please keep the thread up to date.

    • Like Like x 3
    • Informative Informative x 2
  8. Thank you, I will.

    Here is the video. I admit I was close.

    • Funny Funny x 1
  9. Looked like your mirror would be close, if not over, check your brothers footage.
  10. #10 Barters81, Sep 20, 2015
    Last edited: Sep 20, 2015
    You may be right and if it was, it was. Pretty good call from the policeman on the crest of the next hill if it was though.
  11. What's happened, as I see it. As the officer comes over the rise, he sees you moving from the center of the road to the right (your left) and have ASSUMED you had been on the wrong side of the solid line. A fair assumption on his part, to a point.

    Contest it. Easy.
    • Agree Agree x 2
  12. they what? their mirrors are almost touching.. jus' sayin'


    If you had known, by their example, that it was ok to ride side by side, then you wouldn't have had to overtake your bro :p

    plus with one arm up like that.. he's either stunting,.. or trying to touch the centreline in the air :D
    • Like Like x 1
  13. Considering all the circumstances shown...it's like wtf. Technicality? Yeah as the previous post had it, did they have a chance to kiss each other?
    • Like Like x 1
  14. No 1.5M gap between police there.
    Lets see your brothers video. if you have exculpatory evidence, you will have little trouble having the matter dismissed. Further, if you have said evidence, you could get the brief from police, which must contain all evidence that they intend to rely upon to prosecute the offence, see what they claim are the proofs.

    Unless they have some video (not sure if they have helmet cams themselves), you could then as a courtesy show the prosecutor your video, and give them the chance to withdraw the charge. Don't be surprised if they don't withdraw straight away, it is a very well known and common tact for police to go to return mention, hoping you shit yourself because they haven't withdrawn the charge and end up pleading guilty. If you still plead not guilty, they will often send you a letter a few weeks before hearing day advising you not to go to court as they are going to withdraw.
    They try at that point to keep you away from court, because if they withdraw too close to hearing, you will probably have gone to seek advice which then gives you a reason to seek costs, and they know that if they withdraw on the steps of the court, you could make a costs application as soon as it's dismissed, but unless you make that application at the time of being dismissed, you can't make it later without going on appeal, in an attempt to have it sent back to the Magistrates court and thus by sending you that letter, you will not bother coming along when they bring the matter on, and in effect you get denied the opportunity to seek costs. That is the QLD process in any case.

    I have personally had 5 (over 2 occasions) matters withdrawn by police by way of them trying to keep me out of the court because they knew they had nothing inculpatory, but still ran it to the end hoping I would plead guilty myself. Cost them several thousand, particularly on both occasions I got up on appeal through the supreme court, and back to the magistrates court. They also got lumped for the cost of my appeal both times.

    They shouldn't be so smug and cheeky with people who know a little about how the system works ;)
    • Like Like x 3
    • Agree Agree x 2
    • Informative Informative x 2
  15. Trying to get my hands on the other video.....he's old. :)

    Here's a bit more of the ride.

  16. He's only five years older...
    • Funny Funny x 3
  17. Evidently, my he is now on this forum. Welcome BMWRXBMWRX

    Make sure you introduce yourself in the new members forum.

  18. Here is the video link. The incident is right at the end of the clip (watch from 5:20).

    I love the whistle of my triple but it sounds like a million cicadas having a rave on video.
  19. Yeah so I am close. Too close to challenge?

    That is the question.
    • Agree Agree x 5