What defence is available to rule 59(1) of the Australian Road Rules - where I was initially charged with "entering an intersection" on red which was subsequently revised by the Police Prosecutor to "Proceeding through a red traffic light" - after they had reviewed the photo evidence and my sworn affadavit. As I failed to show for the second hearing- (I was working interstate) they found me guilt in absentia and fined my $A575.
This seems excessive. I can't afford another day off to fight this but don't want the bastards to win. I had no where to go without blocking the intersection. They changed the charge to suit their revenue needs.
Sworn affadavit that I entered intersection on green and was stationary when light went orange then red. There was a car preventing me from exiting the intersection at the time. The first camera shows vehicle at 0 speed and the second at 43km/hr. The second shot was taken after I could exit the intersection, approx 2.5 seconds after the lights went red. They reviewed my affadavit, amended the charge - and sought a new trial date. Is this an abuse of process or not ? What options are available to a driver in this situation? Remain stationary for the entire cycle and therefore block ALL traffic ?
Unfortunately, it is against the road rules to enter an intersection if you do not have a clear exit path. IE if you cant go all the way through, you shouldnt enter it at all. So no, not good news, you do not have a defence to the offence. The only exception to this rule would be if you progressed through the intersection to clear a path for an emergency vehicle with lights and sirens.
Therefore you have no defence and trying to battle this would only be "throwing good money after bad."
I am sorry I could not give you an answer you would have preferred by trust you will click "ACCEPT" and/or ask for further clarification if required.
LLB (Honours, First Class)
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