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Will I be busted?

Discussion in 'Politics, Laws, Government & Insurance' started by cash, Oct 4, 2006.

  1. Just seeking advice from anyone with similiar experience..

    Was on my way home.. around 6pm.. bl00dy warm day cruising along Victoria St heading towards the city.. was passing Victoria Market on my right and notice police was directing traffic at the elizabeth St and Victoria St junction.. I think a tram got stuck in the middle of the junction... anway... got directed to go to the left in to Elizabeth St.. I make a Uie further up and come back to the junction because I need to turn left into Victoria St and continue my journey to Eastern freeways.. Police still directing traffic I think (I was busy looking at cars around so that I don't get hit.. complete chaos). Anyway...

    In the middle of turn left into Victoria St.. *flash* *flash* damn.. the red light cameras went off.. I am not sure if I was being targeted but... just in case I was.. what are my chances of being fined considering there were police directing traffic etc..

    Anybody with similiar experience? If I get the fine, what are my chances of winning if I protest?

  2. Contact Vic Pol HQ & ask them for confirmation that you were being directed by Police to disobey the traffic lights. Also ask why, when they were controlling the intersection they did not have the traffic lights & cameras turned off! Make sure you get their names, rank & member numbers of anyone you speak to and ask for confirmation in writing!
  3. I don't think you'll have any problems at all with that one.
    As long as you were obeying the police directions you've got nothing to worry about. If you were going against police directions, and you ran a red light... then your up the creek.
  4. If you saw the flash the camera's probably in front. no number plate on the front...
  5. Na.. I am very sure it's from the back.... but then again I could be wrong...

    damnit, how long do I have to wait before I know for sure I will not get one.. hehehe. :LOL:
  6. What about the copper that cruises the old road in an unmarked waving riders to pass him on double yellows.

    Could you use the "just following police directions" line to get out of his tickets? :grin:
  7. Let me get that straight. :?
    You think they were still directing traffic? :shock: :shock: :shock: What were you smoking? :LOL: If you don't know if they were directing you, there is no way you went because you'd been directed to do so. Sounds like you rode through an intersection without even looking.

    If the cops were still directing traffic and if they were directing your direction then you may get out of it but otherwise you'll have to cop it. :)

    My advice is, if you can't remember whether or not a police officer directed you through an intercection you may want to clear your head before riding again. :wink: :)
  8. That is called entrapment and teh cop could really get done for it. (If you could prove that is what happened)
  9. If police are present and controlling an intersection with traffic directions then lights & cameras become void - it is under police control for whatever reason occurred.

    If you werent obeying police instructions then either a car would have pulled you over, or an officer might have noted your rego and you could recieve a fine via post with the officer's name, rank number, station detailed on the fine.

    If you recieve a fine from the traffic camera office (the ones who run the red light cameras / films etc) then this will be a generic type fine with no individual police members name etc. If this does happen then request additional shots from the time and date to show that police were present controlling the intersection and they will have to dismiss it cause I doubt very much that there wouldnt be any police &/or cars in any pics!!

    So long as you were obeying police instructions youre okay.
  10. I think you'd be booked. If the car isn't marked, you don't know it's a cop so aren't knowingly acting under police diection. You can't claim to be following police direction if you didn't know it was a cop.

    whilst I disagree the procesure is fair, the decision to break the law is entirely the drivers. the circumstance was set up but the drivers reaction to that situation was not forced. :)
  11. Yeah you would still see the flash if it got your from behind there a 250 watt globe. so very very bright.
  12. If that's the case, then I will be safe..

    With car's coming left and right, all I see is far away, there is a police standing in the middle of the junction waving his/her hands to direct traffic to go straight, I was turning left.. so, I am assuming that I am allow to turn left and when I was in the middle of turning left, that's where it flashes..

    Ohhh well, let's wait and see...
  13. wtf, is this true?
  14. they havent had double yellows in nsw for over 16 years
  15. well, if you do, you know the time and the police would have had to fill out an incident report (?) - you can't expect the cops to be able to turn off traffic lights, they arent vicroads. and for a minor incident, as well, Same way as you can't expect you local CFA to power down powerlines - its the power companys job/responsibility.
  16. Yeah it should be something easily sorted out, maybe you will cop a fine, but they should reverse it for you.
  17. Incorrect - that's only in America.

    Australia has no allowance for entrapment laws. Police Officers are not allowed to break the law in order to gather evidence, however a Magistrate can hear 'ill-gotten' evidence first and then determine whether or not to admit it.
    The Magistrate can even allow evidence that was achieved through 'questionable' means, if the crime it proves is important enough.

    IE - undercover cop revs his car at the lights, you bite and take off - he pulls you over for drag-racing. You are screwed.
    If the cop revs his car but then ALSO races you, you may have a case to have the evidence dismissed.

    But it's just as likely the judge will say the line between the cop leaving the lights and beginning his pursuit of you is blurry and you need to be busted for racing so - tough.

    Most significant precedent was set in QLD when a local council used a minor to attempt to purchase cigarettes from vendors in order to bust some for illegal supply to a minor.
    A magistrate condemned the council for involving a minor in a criminal investigation, but let the evidence stand in the interest of greater community good -ie. stopping someone selling cigarettes to kids.
  18. I don't expect that you will hear anything unless someone screws up. They would normally inform the Traffic Camera Office of the Date and times that there was a problem there and that the police were directing traffic and they would set the photos aside.

    I've seen it before when they were directing traffic around an accident. Every car going through was being flashed :LOL: I asked the cops what happened regarding the cameras and that's what they said.

    If you do get a fine, write back explaining the circumstances and you should be OK. If they still won't lift it then in the worst case you may end up explaining it to a magistrate. I doubt it would get that far.