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Yesterday I was stopped by a HWP officer and informed I was…

Customer Question
Hi. Yesterday I was...

Hi. Yesterday I was stopped by a HWP officer and informed I was to be reported for 'disobey police direction' as well as 'drive over painted median strip'. I found out later that there had been an accident and whilst I saw a number of police cars on my side of the road with lights flashing as well as a number of traffic management cones, I thought it was a roadside breath test location. I continued to drive at a lesser speed, formerly 90k down to about 50k and when no sign came out for me to stop, I saw another stationary police car with no lights flashing or anything flashing on the roof sign to indicate the off ramp was closed,at the end of a line of cones immediately before the overpass which I needed to take to get to my home. As there was sufficient room for me to turn left across in front of the police car, I did so with the knowledge that I was driving across the painted area in front of the amco railing and immediately after I did so, the police car lights went off as well as the siren. I stopped immediately and when the officer came to my car, he informed me of the accident and that the road was closed. I told him I thought it was a roadside breath station. At no time did I see any evidence of an accident, no signs indicating road closure, nor did any police officer come out with a breath test sign. There was absolutely no danger to any other road user in doing what I did and I firmly believe the police officer is wrong in his decision to report me. I am just short of 74 yrs of age, obtaining my drivers licence at 17, giving me 57years of continuous driving. I have held a class 5, class 3, and now the class A with rider and have a completely clean driving record. Added to all the above, I retired from the NSW Police Force at the rank of Inspector, just over 20 yrs ago after serving a little over 33years. My background was in Traffic Administration, Highway Patrol, Traffic Infringement Processing and General Policing at various levels. The Constables' demeanor was such that I didn't want to get into an argument with him as he seemed quite forthright to emphasise the fact that I drove over a painted median strip. I didn't know there was an offence in this circumstance and have not been able to establish a definition. Anything to do with a median strip to my knowledge, deals with the separation of vehicles travelling in opposite directions where this painted surface had no connection with that situation what so ever. Had the police car been some 5 mtrs forward and a management traffic cone behind it, one would certainly have realised the exact situation. Any help or suggested referral, would be greatly appreciated.

Lawyer's Assistant: What state is this in? And how old is the car?

Barry Scott***@******.***

Lawyer's Assistant: Has anything been filed or reported?

No, nothing other than he telling me the information would be forwarded to the Traffic Management Section and I would receive something in the mail in due course.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

All this happened on the M4 Freeway with the Emu Plains overpass. I was travelling East off the Lapstone Hill with the intent of veering to my left to take the off ramp.

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/31/2017
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,267
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Customer reply replied 3 months ago
I am a pensioner so if your reply can be online, that will do thank you.
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

So you saw that the road has been closed off yet you proceeded to use it?

The cones did alert you that it was being blocked?

I am sorry to be the bearer of bad news but there is no excuse and the offence is a strict liability one.

What is your record like and did he fine you or give you a court apperance?

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Customer reply replied 3 months ago
No. Thanks all the same. I thought it was all free.
Solicitor: Leon, Solicitor replied 3 months ago

You only pay what you have offered there is no further fee

If you wish to cancel, not continue and get a refund I can request one for you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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