Traffic Fine - No Stopping Sign - Medical Reason but No Documents to Prove - Whether to Go to Court or Not?

sachyn on 03/02/2018 - 20:01
Last edited 03/02/2018 - 20:58 by 1 other user

Received a no stopping sign traffic fine, as unlucky as it could get. Had to pull over to get some water or food as one of the friend was feeling dizzy. Did not see the sign as had no time to think what to do.

Within minutes the traffic officer had printed ticket and taken photos as am still on the other side of the road. Spoke to the person and he was not ready to withdraw though he understood our situation.

I do not have any documents to prove that I did it because my friend was unwell.

He asked to try sending for review which I had always known will be hard to win.

Now, I am confused whether to go to court as the review came back negative or pay it off? As a family with single income earner the fine of $250 is a dent in my budget.

Any advice is greatly appreciated.

Thanks.

Automotive

Comments

      • [Deactivated] on 04/02/2018 - 19:41
        +1

        Paying a fine vs not having someone spew in your car is an appropriate trade off.

        Breaking the law vs not having someone spewing in your car is a different thing.

  • [Deactivated] on 04/02/2018 - 08:09

    as one of the friend was feeling dizzy

    How many people in the car? Could you have remained in the car while others attended to the dizzy friend.

    Did you purchase food and drink for yourself?

    I do not have any documents to prove that I did it

    Receipt from macccas?

  • Hithere on 04/02/2018 - 08:56
    +2

    If you go to court the judge, who has heard every excuse under the sun, will increase your fine, add on another few hundred or so more in court fees for wasting their time, and you'll lose a day's pay.

    You won't win, even with a lawyer, which will cost you another few hundred dollars.

    • EightImmortals on 04/02/2018 - 12:27
      -8

      Maybe. Go to court and use the duty solicitor at no cost. If you told the parking nazi you were attending to a sick friend and the judge has more than 2 brain cells and an ounce of compassion he should cancel the fine.

  • Micko179 on 04/02/2018 - 09:49
    +8

    Advice: don't stop in a 'no stopping' zone, pretty simple really, Black & white even!

    • StarvingOat on 05/02/2018 - 14:35

      I bet its black and white, you'd make a good police officer…..40 years ago. :)

      • jjjaar on 06/02/2018 - 08:21

        Or today in America.

  • Moeoz on 04/02/2018 - 09:51
    +3

    Did you have your hazard lights when you stopped? I got a ticket for parking at a no stopping, had my emergency light on.. took it to court and won!

    • NoHorny on 06/02/2018 - 17:16

      Curious to know. So, having hazard lights on, counts as an emergency or did you actually have an emergency and proved that in the court? Thanks

  • Sensiekatie on 04/02/2018 - 12:57

    You said your friend was dizzy and had not attended to their food and water since morning.

    Are they a diabetic? Especially a diabetic who hoes hypo rapidly?

    I don’t know if you would stand a chance but that would be documented if that is why they were dizzy.

    Really though this is you not seeing a sign as you are panicking and sresses out.

    Unless this person is a diabetic, there is no reason for this panic/stress. Remain calm at just being dizzy.

    If they are prone to these attacks, then it is up to them to be prepared. It sounds like it could be dehydration (if not other medical reason)- therefore it is time they started taking care of their liquid intake.

    Oh, and try asking whoever was with you to contribute to the fine - especially thd fizzy person who caused it all.

  • Geekomatic on 04/02/2018 - 14:54

    My mother used to say, "no good deed will go unpunished". Mom was right, nearly all of the time. xx

    • marka on 04/02/2018 - 15:24

      "Good deeds are never easy, only the strong of heart remain."

      marka

  • Geryatric on 04/02/2018 - 15:57

    You were in the wrong hence the fine

  • TheLurker on 04/02/2018 - 16:16

    As others have said, easiest to pay the fine. I challenged a $175 low range speeding ticket in court last month. They officially took it off record so no points, but after 3 different court costs, I was out of pocket just over $300. I had evidence for the case too, so don't hold high hopes you'll save money contesting

  • [Deactivated] on 04/02/2018 - 16:32

    You could try to challenge it and front up to court, if you can afford the time off. A sympathetic judge might let you off. It's not uncommon that they will, and the officer who issued the fine will rarely front up to give any evidence. Bring your friend as a witness. You've no physical evidence, and afaik from this thread no real medical grounds in terms of your friends medical history, nor have you attended a doctor with him to have some kind of evidence after the fact that your friend was unwell.
    From the sound of things it doesn't sound like it was medically necessary to stop in a no stopping location, but you could argue that he was unwell, and that you can't really make that assessment of the severity of his illness until you stopped. You stopped, got him some water and he was ok which was a good outcome but for all you knew at the time he was becoming more severely unwell. They were perhaps becoming severely hypoglycaemic or about to seize, or pass out, etc. We don't all know every detail of our friends medical history.

    Could be worth a shot, but give it'll probably take you 6 months and multiple days off work to get it sorted you're probably better off financially to just pay it. Maybe at least worth a letter to the council to see if they'll cancel the fine? Unlikely they would, but costs you next to nothing and takes little time.

    • Sensiekatie on 07/02/2018 - 12:08

      If OP is in Wld - Court is a very bad idea. So hopefully it isn’t Qld.

      • [Deactivated] on 07/02/2018 - 17:12

        Why do you say that? I've had a few friends challenge fines in court in QLD. Every single one got the fine dismissed and all but one were clearly guilty of the offence. Lengthy horrible processes for all but you can at times get out of it.

  • Kangal on 04/02/2018 - 17:46
    +5

    Option C: Go to court and livestream it for us

  • LUTSlit on 04/02/2018 - 19:14
    +7

    I take no responsibility for my own actions. Let's blame someone else. Its not my fault.

  • [Deactivated] on 04/02/2018 - 19:42

    "Had to pull over to get some water or food as one of the friend was feeling dizzy"

    So did you get your friend food or water?

  • paralleltwin on 04/02/2018 - 20:54
    +1

    Life's a bitch and then you die.

  • MessyG on 04/02/2018 - 21:22
    +2

    Did your friend go and see a doctor that day? If they went and saw a doctor, they might be able to get a letter stating they were seen and treated for dizziness which might be of use. If they didn't, you could write a letter simply explaining that your passenger hadn't eaten or drunk anything that day and became very dizzy, and that you felt you had to pull over immediately to get them something to eat and drink so they didn't faint. You never know, it could work!

    That said though, there's stopping because your friend didn't eat or drink and felt a bit lightheaded (which isn't really medical unless diabetic), and there's stopping because your friend was having a heart attack and needed an ambulance.

    And if you do have to pay, I think your friend should pay half for freaking you out!

  • bert-lifts on 04/02/2018 - 21:34
    +3

    lmao just pay the fine. They don't give a shit that your friend was dizzy. It would've had to be a medical emergency for it to matter.

  • sunnyc on 05/02/2018 - 02:13

    Ticket officers won't help you even if you tell them you're having a heart attack or had your leg amputated in the accident. They'll print a ticket and leave

    • dfaktz on 05/02/2018 - 20:54
      +2

      That's the truth; I've got a ticket before between getting out and going to pay for a ticket.

  • sleet on 05/02/2018 - 08:13

    If your friend has a medical condition like type 1 diabetes or some sort then I'm sure they will let you off.

    Other than that, just pay the fine, or get your friend to pay.

  • bocca on 05/02/2018 - 08:55

    plead leniency.

    in NSW if you have a clear driving history you can write a letter and plead leniency to get our of a fine.
    This only applies once so use it wisely lol

  • [Deactivated] on 05/02/2018 - 10:28
    -1

    should have splattered some red blood (tomato sauce) on your friend's chest and told the officer that it was an emergency…

    then use the sauce for a pie or hot dog to eat :)

  • [Deactivated] on 05/02/2018 - 10:48
    +4

    I feel your pain OP. I also had a friend who was feeling dizzy, but I didn't have any money so I robbed a bank to buy him some food and water. The judge didn't take this into account and now I'm in prison for 10 years. The Australian justice system is so unfair

    • OzzyOzbourne on 05/02/2018 - 20:32

      Should have claimed you were on drugs, drunk or had mental issues that day, you would have got a much shorter sentence.

  • tik tok on 05/02/2018 - 11:11

    So, 'water or food' fixes dizziness ? Welcome aboard Dr !

    • Aneurism on 05/02/2018 - 15:50

      If the dizziness was related to dehydration

  • Seraphin7 on 05/02/2018 - 11:48
    +1

    The practical reality is that for it to be deemed a "valid medical reason" you will need some medical evidence to back that up, i.e. some sort of emergency that required you to stop there and not in some other place 50 metres (or wherever a legal stopping area is) down the road.

    "Feeling dizzy" without there being some other medical disorder (that would be backed up medical evidence/admission to emergency, etc.) won't be seen as a "valid medical reason".

  • Spooked on 05/02/2018 - 12:23
    +1

    Did your friend say anything to them whilst they were giving you the fine or looking at your car?

  • sraymond on 05/02/2018 - 13:13

    Rangers must hear so many bs excuses all day they are desensitised to all and sundry now.

  • myusername on 05/02/2018 - 13:46

    pay the fine like you should and then tell everyone about it on ozwhine.com.au

  • nobarginsarehere on 05/02/2018 - 16:15

    "My friend was feeling dizzy so I broke the road rules" will not win your court battle

  • berry580 on 05/02/2018 - 17:20
    +1

    Not sure whether this have been suggested already. But can you friend get a doctor's certificate?

    • Gronk on 05/02/2018 - 20:21
      -1

      A medical certificate? What a novel idea!

      Perhaps they'd consider accepting a note from OP's mother as well?

      • OzzyOzbourne on 05/02/2018 - 20:34

        I can confirm that the geezer in the defendants vehicle was indeed dizzy that day m'lord…. Case dismissed!

        • Gronk on 05/02/2018 - 20:37

          One can only imagine the lengths OP would have gone to had their passenger complained of a hurty knee!

  • Butt Scratcher on 05/02/2018 - 20:22
    -1

    Not worth going to court…

    Keep in mind you will need to pay a court fee regardless whether or not you win or lose. So really, it's actually over 150-180 best case scenario. Or you lose an extra 80-100 bucks.

    Not to mention all the time you will spend preparing and attending court

    • Justinism on 06/02/2018 - 11:05

      If he wins, he is exempts from fees. the crown bears court charges for bringing the matter to court and can only recover it if they win.

  • BartholemewH on 05/02/2018 - 20:39

    It wasn't so much that the OP stopped to get some food and drink, it's that his mate had to order the 450g steak well done.

    • [Deactivated] on 06/02/2018 - 12:58
      +2

      well done steak deserves a fine

  • Gershom on 06/02/2018 - 03:47
    +2

    Emergency my backside, I'm calling BS on this.

  • trongy on 06/02/2018 - 09:05
    +1

    If you can go to court, you can plead guilty and the magistrate can give you a fine based on your income and dependents. If you explain the situation, the magistrate may be sympathetic, but will still have to produce a verdict and sentence that's within the boundaries of the law.

    If you have to take time off work to go to court, you will need to weigh any potential lost income against the reduced fine. Your case may take only five or ten minutes to be heard, but be prepared for a long wait - there's generally a lot of traffic offenses in the court session.

  • TheMindsetTraveller on 06/02/2018 - 09:38

    Parking officers = ratbags of these world!
    Rather than coming to your car to see what the problem is (and potentially assisting if it's an emergency) …. they hide in the bushes and behind power poles so they get good quota numbers - because the more you fine, the more likely you become a Senior Parking Officer and so on.

    Drunk On The Good Life com :)

  • Justinism on 06/02/2018 - 10:41

    I went to court in QLD and got a ticket thrown out for similar reasons. Obviously it will be different in different states, but i believe there should be similar provisions for stopping in each state's legislation.

    The legislation cited in QLD was:
    Transport Operations (Road Use Management—Road Rules) Regulation 2009 - Part 12 Division 1: 165

    Stopping in an emergency etc. or to comply with another
    provision
    It is a defence to the prosecution of a driver for an offence
    against a provision of this part if—
    (a) the driver stops at a particular place, or in a particular way, to avoid a collision, and the driver stops for no longer than is necessary to avoid the collision; or
    (b) the driver stops at a particular place, or in a particular way, because the driver’s vehicle is disabled, and the driver stops for no longer than is necessary for the vehicle to be moved safely to a place where the driver is permitted to park the vehicle under the Act; or
    (c) the driver stops at a particular place, or in a particular way, to deal with a medical or other emergency, or to assist a disabled vehicle, and the driver stops for no longer than is necessary in the circumstances; or
    (d) the driver stops at a particular place, or in a particular way, because the condition of the driver, a passenger, or the driver’s vehicle makes it necessary for the driver to stop in the interests of safety, and the driver stops for no longer than is necessary in the circumstances; or
    (e) the driver stops at a particular place, or in a particular way, to comply with this regulation, and the driver stops for no longer than is necessary to comply with the other provision.
    Example for paragraph (e)— If a driver stops at an intersection at a stop line, stop sign, or traffic lights, or to give way to a vehicle, the driver does n

    (C) will be of particular interests to you. It is the crown's job to prove you stopped in violation of the road rules. but you still need to stack the odds in your favour:
    1) write down the exact progression of events because the court date, should you choose to have it may be a year or so away, and you need to make sure you have a clear and unconfused account of the events that led you to stop. The crown prosecutor will try to poke holes in your story. make sure its air tight.
    2) have your friend as a witness on the day. the crown cannot prove that your friend was not ill. so their statement as a witness will be taken at face value.
    3) this is secondary to having your account of event be airtight, but do not be afraid to question the officer in court on the sequence of events. it is likely they wont remember as you are probably 1 in 1000 of tickets they wrote. and thus their testimony of how you broke the road rules will be hard to hold up in court. nitpick every detail with them; politely say "i put forth that your account is wrong, i was only stopped for a short period of time" or "i put forth that your memory of the number of persons in the car was wrong, there was 3 (or 4) people in the car" anything he cannot remember is in your favour.

    I personally feel that you have a good chance of contesting the ticket. but full disclosure, losing can come with court fees attached to the upheld fine. it may be 1.5k in legal fees. on the flip side, you can claim days taken off work to deal with legal matters. keep a proper record of hours or days spent to deal with this shit and claim it back from the crown.

    Ultimately, you have legislation in your favour. and dont let people tell you that 200-300 is not worth it. money is money and (profanity) any and all who try to take it from you for no good reason

  • [Deactivated] on 22/02/2018 - 20:42

    Why do people get so bent out of shape about parking fines? Pay the fine - get on with your life.

    I dunno what you make in a day but fighting it in court will in WA mean more than 1 day off work. (2 mentions and the trial all of which will probably take less than a combined total of 30 minutes but you will have to wait around for half a day)

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