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NT Stupid cops rant

Discussion in 'Politics, Laws, Government & Insurance' started by seefu, Dec 22, 2010.

  1. I was driving through Darwin when a traffic light with speed/red light camera turned yellow. It had just turned yellow as I was approaching so I kept going.
    Cops were at that set of traffic lights waiting for a red to turn green so they can turn. They then turned on their disco lights and followed me to pull me over.

    Once stopped, there was the usual banter about "why they pulled me over". This is where it gets interesting. Two of the cops AGREED that I could not have stopped in time unless I braked real hard. The third cop is certain he heard me ACCELERATE as I approached and so they wrote me up a ticket anyway.

    I think this is total bullshit. I wouldn't accelerate through a traffic light with a speed camera to begin with. And I think the sound of me "accelerating" through would just be the sound a motorbike makes as it passes someone...


    Now I have a $120 fine sitting here with me and the cop even threatened to rip it up right there if I wanted to take the matter to court. Stupid cop blitz that's happening Australia-wide. They're just trying to say they pulled over more people and issued out more fines, etc.
  2. Should have taken it to court. If cop wanted to say that you were speeding then why didnt the camera get you? You also didnt run the red light and could as easily say that it was more dangerous for you to do an E-Stop than it was to go through an amber. You as the rider was in a better position to judge things, especially compared to a cager cop.
  3. Say you changed to a lower gear. Rev's therefore went up. ergo, sound of acceleration.

    Take it to court anyway. Was the fine for speeding or for not stopping for the lights/speeding up for the lights? If it was the latter, that is very very tough. I'd take it to court.
  4. Agree with the others, take it to court. As the rider you are the one to judge whether there is enough space for you to safely stop. you werent speeding and you didnt run the red light so no law broken.
    I didnt actually know it was illegal to accelerate through an amber light (so long as you stick to the speed limit that is), so if there wasnt enough space to safely stop where is the issue with accelerating to clear the intersection quicker?. Or as lilley said, you changed down gear thinking momentarily you would stop, realised not enough space so went through.
  5. Which law does the fine say you broke?
  6. Agree COMPLETELY! Who gives a fack if you accelerated or not??!!
    Point is: you didn't go over the speed limit and you didn't run a red light.
    If it was illegal to accelerate on a yellow, you can be SURE they would come up with a FArking speed camera that's catch us out on THAT!
    Sort it out in court!
  7. Seef u in court
  8. WRONG. It is an offence to enter a traffic intersection when the traffic light is yellow (if it is safe to stop). It incurs the same penalty as running a red light. Basically it's your word against theirs if you take it to court.

    It's one of my pet peeves, people running orange lights when they clearly have ample time to safely stop.

    Aussie Road Rules section 57: Stopping for a yellow traffic light or arrow
    (1) A driver approaching or at traffic lights showing a yellow traffic light must stop:
    (a) 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, but before reaching, the stop line; or
    (b) 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, but before reaching, the nearest or only traffic lights; or
    (c) if the traffic lights are at an intersection and the driver cannot stop safely in accordance with paragraph (a) or (b), but can stop safely before entering the intersection — before entering the intersection; and must not proceed past the stop line or nearest or only traffic lights, or into the intersection (as the case may be), until the traffic lights show a green or flashing yellow traffic light or no traffic light.
  9. Zackly.

    No law to say you can't accelerate through a yellow light. Only one to say you must stop if you can and another to say you can't speed.

    They can't prove the later and the only way they can win in court is if they prove the former.
  10. Whilst that is true, if you do accelerate through a yellow light it shows intent and will likely go against you in court. If you had time to accelerate it means you've seen the light change and made a concious decision to speed up rather than slow down and stop. If you had ample time to get through the light you should have just maintained your speed. It won't look good.
  11. Either way - pay $120 or take it to court and pay court fees (most likely exceeding $120). They know you wont take it to court because it costs you more even though you maybe right.


    Similar things happened to me with Parking Infringements.....my word vs theirs......they won two of the battles....as i could not be bothered taking a $50 fine to court even though i did nothing illegal.

    I even sent the council letters with the state parking law's written out and argued my case and they said "NOPE" he said you parked illegally and for that you are fined.

    This is where i get peeved. We should be able to take the matter to court and prove our innocence and if we win, the fees should be paid by those who lost. It will get rid of all the dodgy infringements (problem is it will backlog the courts more).

    3rd time i won. I parked in an ALL DAY parking spot (ticketed) came back and there was a fine again. Took photos with my iPhone of my car clearly parked in a bay marked as ALL DAY, clearly had a ticket that paid ALL DAY fee, sent the evidence and won the 3rd battle. Felt happy, but that time i would have taken it to court as it was 3 times in a row that i had parked legally and was fined incorrectly.
  12. I'll chip in for the court fees
  13. Take it to court. The cops are wasting everyones time and need to be exposed.
  14. There will be an internal review process for your state, you can apply to have it reviewed, (by most accounts it won't get you anywhere & could possibly be used as evidence against you if you do take it to court) but it may help.

    I'm looking into this at the moment for a few matters of my own.

    You'd have to weigh up what your time is worth & whether your license is in danger as to if it is worth your time to take to court.

    If it's not worth your time to go to court, apply for an internal review. You can also get extensions & payment plans, no reason to make it easy for them to take your money, right?


  15. Thats not 100% correct.
    You may have to pay a higher fine / penalty if you lose, but often you do not.
    You will not have to pay Vicpols costs.

    If you win against Vicpol or a council you can claim legal costs.
    You cannot claim costs if you are self represented.

    By the way, in this case I would suggest you may be on shaky ground.
    The fact you accelerated could be used to prove you had time to stop.
  16. The OP stated he didn't accelerate as there is a known speed camera there so how is he on shakey ground
  17. So the only evidence that you failed to attempt to stop was the sound your bike made?
    That could pretty easily and plausibly be explained as downchanging to add engine braking to your 'attempt', until you realised it wasn't going to work.

    Oh well, it's your money and your license but if it was me I'd probably give it a crack.
  18. Also as you pass a vehicle the sound your engine makes vastly changes due to the doppler effect. This will make the pitch drop suddenly as you pass the vehicle. Although this would sound like your decelerating the stupid cop might just think because, your engine changed noises and there was a light up a head, that you were accelerating to make it.
    This really sucks because you would have seen the cop and if you were at all doubtful about the legality of your actions you would have stopped.
  19. Front up to court, say that you shifted down as you approached and so your revs increased but your speed in fact dropped, which would give the impression you opened up the accelerate due to there being more engine noise and at a higher RPM. State the police officers did not have a speed measuring device calibrated to measure your speed, that they did not indicate any speeding offense had occurred, and so were reliant on their estimation only.

    But here lies the problem. Police are often taken as 'experts' as to estimates of speed, safe driving, ability to stop, etc.

    Sounds like a load of garbage but that's a fact in the minds of some Magistrates.

    Really you will be lucky to get off. But do the internal review first, state it as suggested by others here, don't tell them you intend to appeal a decision not in your favor.

    Then elect to have it heard in court.
  20. Seems to me that you were unlucky to get a fine for only being heard where two other police disagreed with the one giving the ticket.

    Was there something else going on?