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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5234
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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About 2 weeks ago, I had an incident I need legal advice to

Customer Question

About 2 weeks ago, I had an incident for which I need legal advice to determine if there are any grounds to pursue legal action.I was driving home with my family at abt 8pm. It was dark as there were no street lights. Suddenly I got blinded by a bright yellowish flash in my face from the side of the road. I was blinded for a few seconds and my wife had to hold on to my steering wheel to make sure I kept to my lane as I started drifting on an oncoming lane (it was a 1-lane per direction road). After everything became ok, I continued to drive home as I thought someone was playing a prank and I didn't want any trouble.2 weeks later, I received a speeding ticket for that incident. Apparently, I was speeding. While I do not dispute the speeding, I was wondering if there was any legal case for the "blinding" act. From what I know, speed cameras are usually flashed from the rear to prevent blinding of the driver. Whatsmore, I had my whole family in the car (pregnant wife with 2 kids). I shudder to think what could have happened if my wife didn't hold on to my steering wheel.I have not spoken to the responsible government department regarding my legal consultation.If yes, what kind of damages am I looking at?Thks
Submitted: 7 months ago.
Category: Australia Law
Expert:  Daniel replied 7 months ago.

Issue is, if you were speeding, with a pregnant wife and 2 kids, a court / govt dept might actually see that as an aggregating circumstance and completely disregard your argument.

They will most likely be of the view that had you not been speeding, the flash would not have occurred.

I would however send a letter to appeal the fine and see how you go, but regrettably, I do not see it being successful.

Expert:  Daniel replied 7 months ago.

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