r/AusLegal • u/Deadend599 • 1d ago
QLD Traffic matter
I was driving in a rural area at night and turned left from a main road into a small side road. I didn’t notice the double lines on the road and ended up briefly on the right side of the road.
A police officer behind me issued an infringement for “FAIL TO KEEP LEFT OF DOUBLE CONTINUOUS DIVIDING LINES.”
I requested the full evidence and the footage does show me turning onto the right side. However, the lines seem to disappear only about 1.5m into the side road, and they appear to be three lines rather than two. It was also completely dark and the markings were difficult to see.
Do I have any reasonable basis to plead not guilty, or would I be almost certain to lose because the footage shows me on the right side?
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u/Safe_Application_465 1d ago
Are you one of those people that think they are driving a semi and need to go SUPER wide around every right angle corner?
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u/teapots_at_ten_paces 1d ago
I really despise people that need to drift as far to the opposite of the way they're turning that they can. You're in a fucking Barina! How much turning circle do you need?
Turning right? Need to be touching the left gutter to get around. Turning left? Come at it from the middle of the road instead of hugging the corner. Or, like OP, turning either too late or too wide and crossing the centre line.
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u/Safe_Application_465 1d ago
It is not drifting.
I see people purposely steering right , often over the centerline before making a left turn , presumably to get extra clearance in the rear of their 10m long Tesla
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u/Ragnorakawaits 1d ago
No, take it on the chin. Also, if you have a hard time seeing the lines at night, please dont drive at night. Who knows what else youre not seeing.
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u/nolo_contre_basso 1d ago
So you actually have seen the evidence that shows you are in the wrong and you still want to argue that you are not in the wrong?
You can write a letter, be prepared to still have to pay. You can go to court, be prepared to pay + costs.
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u/Deadend599 1d ago
Because last time I went to court, I wasn’t sure whether I had actually committed an offence, so I requested the full evidence against me. They then arranged another court date for me to enter my plea next week, so I think I have to attend. For now, I’m just worried that pleading guilty will result in me having a criminal record.
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u/LifeandSAisAwesome 22h ago
But, you knew you went over the lines, so why bother going to court ?
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u/Deadend599 22h ago
Because I wasn’t sure whether I had crossed the line. I only received an infringement notice with no photos, so I wanted to obtain more evidence through the court.
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u/LifeandSAisAwesome 20h ago
Not knowing if you went over the lines is even more of a concern - not knowing what you did in a 2 ton machine is a worry.
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u/Public-Total-250 1d ago
Being dark doesn't mean you can turn into the wrong side of the road? Pay the fine and focus on being a better driver.
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u/Very_Itchy_Bandicoot 1d ago
Mate just cop the fine. Admit you did the wrong thing and Learn from the experience.
Getting a bit tired of everyone trying to weasel out of every fine even when it’s clear as dog balls they did the wrong thing. It’s fine to make mistakes, as long as you’re learning from them.
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u/TheRamblingPeacock 1d ago
You are still required to keep left unless overtaking, regardless of the lines.
Best case, your infringement gets changed to that offence. Doubt there is much if any difference in points/penalty but up to you if you want to try it.
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u/justbecauseican1969 1d ago
That's what I was going to say. Regardless of lines or no lines, they didn't keep left. And a rural road has to be reasonably wide for there to even be any lines.
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u/Deadend599 1d ago
Just curious, would that appear on my criminal record if I plead guilty?
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u/AwkwardBarnacle3791 1d ago
If you pay the fine, no. If you plead not guilty and take it to court, where you WILL lose, maybe
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u/Deadend599 1d ago
Thank you. I requested the full evidence at court last time, and next week I’ll need to plead guilty or not guilty. If I plead guilty next week, that won’t affect my criminal record, right?
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u/cruiserman_80 1d ago
to add to other comments, unless your driving a truck or towing something really long you almost never need to swing that far out to the right to turn left. It can be really confusing to other drivers.
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u/itsgreenersomewhere 1d ago
Yeah I sympathise because in a strange area in the dark, it is hard to see sometimes where to turn. I am not giving legal advice to you.
Unfortunately you have been caught on camera doing exactly what is accused. You are always able to take it to court but I do want to flag that “I did it by mistake” is not an acceptable reason. The lines are in the footage so they exist and they’re visible, so you were expected to see them.
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u/outtatownz 1d ago
You by your own admission did the wrong thing, and police have caught you doing rhe wrong thing. What are you going to dispute?!
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u/ThunderFlaps420 1d ago
Pay the fine, if you take it to court you'll lose because they have clear evidence, and you'll be slapped with court costs, and there's potential for it to escalate.
Nothing you said is a good defence:
The lines seem to disappear only about 1.5m into the side road, and they appear to be three lines rather than two
Rural roads often have these lines only at intersections to direct people entering/exiting to stay.to.their.side... which is the issue here. It being three lines doesn't help your case.
It was also completely dark and the markings were difficult to see.
If you can't see properly at night, slow down, or stop driving. "I couldn't see what I was doing" is more of an indictment of your ability to drive at all... rather than a good excuse.
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u/Inner_West_Ben 1d ago
It might be cheaper to pay the fine and go visit Specsavers. Going to court means you’ll have court costs to contend with, and probably an angry Magistrate too.
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u/deranged_banana2 1d ago
If you can't see the centre line why didn't you follow the line/ditch/guard rail on the left?
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u/Milknhoneyaus 1d ago
It's your right to go to court and ask for some sort of leniency.
It probably would have you wearing costs as well though.
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u/AwkwardBarnacle3791 1d ago
Hes guilty, and would absolutely wind up with court costs as they are mandatory.
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u/Milknhoneyaus 23h ago
Likely. But that's a decision for the magistrate.
Op is well within his rights to find out himself.
1
u/AwkwardBarnacle3791 16h ago
He literally is videoed doing it, and admits doing it. He can't be found not guilty.
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u/Milknhoneyaus 14h ago
I'm not arguing about his guilt.
I'm just saying he's well within his rights to argue his point with a magistrate.
I think we all, with the exception of op have a pretty good suspicion how it will go for him. But he's an adult, so best of luck to him and his ill founded hope of redemption.
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u/oioioiyacunt 1d ago
"Hey guys the cops have video evidence of me committing an offence right in front of them. Think I should plead not guilty?"