Any help with infringement dispute in court?

[ej20i]

as some of you guys remember, my friend and i got a ticket infringement for passing through a yellow light and most of you guys recomended me to take it to court...so i did...and i got the court date...what is the next step for me now to ensure that i dont look like an idiot and just loose my case the second i step in the court room

[chicken8]

make sure you go to court on time

and wear pants

[Q_ball]

ej20i - put some more thought into your thread titles next time please as it will help you get the right answers to your question.

Moved to the noob forum.

[90LAN]

u will look like a idiot because driving through a yellow light is a offence
in the traffics act
yellow light doesnt mean u can floor it to beat it
failure to stop at a yellow light is a offence
not common but its the law

[cupnoodle]

u will look like a idiot because driving through a yellow light is a offence
in the traffics act
yellow light doesnt mean u can floor it to beat it
failure to stop at a yellow light is a offence
not common but its the law

Yes, but being in a position where it's dangerous to stop at a yellow is not advised either

[Q_ball]

^Is it actually illegal or simply not advised??

Afaik, theres no law regarding the emergency brake...
Its the tailing car's responsibility to leave enough distance to the car in front to account for such instances.

[trism]

from the road users handbook found on the rta website


Red means stop.Wait behind the
stop line. Do not go through the
intersection.

Yellow (amber) means stop.You
can enter the intersection if you
are so close that sudden braking
might cause a crash.

Green means proceed through
the intersection carefully.

http://www.rta.nsw.gov.au/licensing/downloads/200807_ruh_english.pdf

[jdm_b16a]

You cannot accelerate to beat a yellow (orange) light. My son was done for it last year. You must stop, if it is safe to do so. Obviously you might have a case if you can prove it was dangerous eg. someone right behind you and you would have had to brake suddenly. I don't know how many times I've slowed for a set of lights only to have the driver behind shoot out and pass me to go through!

Good luck.

When you go to Court you have to register at a desk where you tell the guy your case number. It will be up on a list near the Court. He will ask you if you have a solicitor. The list tells you the time and Court number. You go in, the case is called, the Prosecutor will tell the Magistrate the charge and they will ask you how do you plead. If you plead "Not Guilty" and you want to defend it, it may be adjourned for a couple of months as the Prosecutor has to produce the Evidence, call witnesses etc. You can only call witnesses agreed to by the Prosecutor beforehand. If you plead "Guilty" you will be sentenced there and then. Do you have a driving record?

Oh, yeah, when you go to court the onus is on the Police to prove their case eg. camera. Be well groomed, dressed, be polite. Address the Magistrate formally eg. Your Honour.

You don't have a solicitor? You're behind the 8 ball as it's not like on TV in US cop shows. You don't get 30 minutes to talk etc. It's all over in about 5 minutes. And if you lose, you could get saddled with all court costs inc. the Prosecution (Police) who will be represented by a Public Prosecutor.

Cheers,

Peter

[farmz]

make sure you are polite, well dressed and don't go in there with the "i dunno" attitude. if you can, read up on your rights and responsibilities as a motorist, and try to show knowledge of this without a smartass "i know more than you" attitude. when i had to go to court i was the second last case of the day and it was all young drivers like myself except they turned up in boardies and singlets or torn jeans, flip-flops etc. the judge asked if they had anything they wished to say and they all replied "nuh" "like what" or just shrugged and said nothing. they all got maximum penalty. if you can, try get written references from employer's or teachers or anyone NOT related to say you are a responsible member of the public. express the fact that you felt it was too unsafe to stop, you felt it would have caused an accident if you had done so. most importantly.. eye contact when speaking to the judge. hope this helps some. best of luck :thumbsup: