Unfairly Charged with Careless Driving - Thoughts?

Early in December, I reported this guy in a Dodge Ram pickup truck with a trailer who was driving like a d**k endangering other road users as well as myself.

Lo and behold, the useless cops turned up tonight at my door and they actually issued me with an infringement notice for careless driving.

Below is the footage of the incident.

Video link

As you can see in the video, this prick made a dangerous lane change from the overtaking lane to the next lane and then he did the same thing to me basically just forcing his way into my lane. The cops are arguing that I sped up instead of braking and I nearly caused an accident. I expected this guy to not change lane because I was already very close to him in the next lane but he forced his way in regardless (it was a deliberate move on this part) and by that point I didnt brake because I knew there was a car behind me at that point too. Any other normal driver would have waited for me to pass and look for a reasonable gap in order to make the lane change, especially when they are hauling a trailer as well.

Do I have any chance of successfully contesting this fine do you think? Yes, in hindsight, I could have been more defensive, not assuming the other driver will do the right thing, but I obviously think it's ridiculous that someone who's supposed to give way when changing lane can just force their way into another lane and the law or the cops think they didn't do anything wrong and instead chooses to punish the person who was just driving in their own lane?

closed Comments

  • +41

    Yes yes that driver is a d+ck. But honestly, you could just slow down and the whole situation would've been avoided. Your ego would've copped a blow (how can that d+ck do that??). You're not a cop, you're just…someone. Just be careful on the road and let idiots do themselves harm, as they eventually will.

    At least you didn't get into an accident. Stay safe everyone.

      • +13

        Why did you speed up? You didn't even need to slow down, you just needed to keep going the same speed when he started indicating and he would have slid in in front of you no problem. You were already probably too close to the car in front of you for safe stopping distance, by speeding up you would have been riding his ass.

      • iler who was driving like a d**k endangering other road users as well as myself.

        Other dude may have been a dick but only you did any real endangering here.

  • If it is your video, what evidence do the cops have of your alleged dangerous driving?

    • -2

      Because I submitted the video as evidence to report the prick. Never in my wildest dream thought the cops will actually say I'm the offender.

      • +29

        Never in my wildest dream

        Are you serious? This is a gold star example of absolutely terrible driving.

      • Too late to say someone else gave you the video? Cos it doesn't seem to show the car or driver they are alleging was carelessly driving.

      • -3

        Merging Rules? Have you looked into that? https://www.youtube.com/watch?v=GQoJsOpw5bg&t=54s

        I think it kinda similar, but read up on it.

        • Merging and lane change are two differnt things. Plus even if you apply merging rules, there were lane markings so the car that is changing lane should be giving way.

      • +5

        I submitted the video as evidence to report the prick
        I'm the offender.

        Your reward for being self righteous.

        • -1

          Be that as it may, it's not right that they don't place any fault on the other driver when they clearly broke the road rules twice.

      • +6

        This is what happens when you call the cops.

        • +4

          More people need to watch the famous "Don't talk to the Police" vid, I reckon. Sure, that video is from the States so our laws are slightly different, but the actual (i.e. business) agenda of law enforcement between our two countries remains the same. Cops are not friends.

  • +2

    If that occurred in WA the car with the camera would be in big trouble for not giving way.

    Serious stuff here

    • -1

      https://www.youtube.com/watch?v=GQoJsOpw5bg&t=54s Same here, same state as the Video.

        • +19

          Judging by the video it's clearly you who needs to be off the road.

          All because your ego couldn't let someone in who was clearly indicating and doing the right thing (at that point in time, anyway. Perhaps not earlier.) you almost helped cause a car accident.

          While legally you might be in the right, morally you're a d+ck.

      • +2

        Huh? But it's not the same…. "merging" is when two lanes become one. Which lane is ending?

      • +5

        Holy crap you think merging lanes and changing lanes are the same thing? This is so terrifying and yet explains so much dangerous driving on the roads.

  • +42

    WTF.

    Just slow down and let the RAM in. They indicated with adequate notice. This is some terrible road manners dude.

    Also, don't be a dibber dobber when you are at fault.

    I'm glad the cops fined you.

    Unless you want to get absolutely slammed I would delete this thread and get off the road.

    • -6

      Adequate notice? You do realise the dashcams have very wideangle lens so everything looks further away than it does in real life? Theres only 3 lane markings between me and the other car when he starts indicating and we were doijg +90kph

      • +8

        Yep. Adequate notice for a courteous, defensive and capable driver.

    • +3

      They indicated with adequate notice.

      Just a side note in case some get the wrong idea - indicating doesn't give you the right to change direction whenever you like, you still need to give way to the vehicles on the lane you wish to change to. You're legally obligated to give way, but they're not legally obligated to be courteous (but still obligated to avoid collisions).

      Op didn't even need to brake hard, there was enough time and space if you just let go of the accelerater for a few secs. Being right doesn't mean you're being smart.

  • +8

    Member Since
    45 min ago

    Likely a ghost account.

    Video footage very clearly shows you speeding up.

    • +4

      Good spotting clear. Troll post for sure.

      • +3

        I'd argue some OzBargainers are just genuinely stupid. What are the chances this has been submitted to DCOA and will appear in one of those compilations where people think they're right when they're not. I forgot what DCOA calls them :/

        • Their April fools one had me for about the first 5 mins until I worked out it was the dash cam drivers submitting this shit thinking they were right…

          • +1

            @pegaxs: Same here. Was a great video - but only once you worked out it was the April fools special. Up til that point I was wondering what all those entitled di***** were doing.

          • @pegaxs: Yes that's the one! Had me fooled for a while.

    • -1

      What? Only after i was already in the next lane. I was doing constant 94-95 and braked to 90 just before swerving to the left.

      • +2

        By the time the ute on the left had passed for there to be enough room for the ute with the trailer to move into the lane it shows you accelerating very clearly. This could have been avoided so easily by you.

        • -2

          What? I was already doing 94-95 before the ute even indicated!

          • @[Deactivated]: And after the ute indicated and was about to merge in you sped up even faster. Don't be a dick driver and just let the guy in.

            • @Clear: Are you watching the same video because i never went above 95 before the ute changed lane.

              • @[Deactivated]: You believe the GPS on dashcam provides accurate speeds? They don't. They're always out by as it's slower to update than your speedo.

                • -1

                  @Clear: Slower to update but it does update and at no point did i go above 95.

                  • +3

                    @[Deactivated]:

                    at no point did i go above 95.

                    @9:31:23am mark on the video, you can see the speedo says "99km/h".

                    You sped up.

                    • -2

                      @pegaxs: Before the ute merged. Duh.

                      • +18

                        @[Deactivated]: You literally sped up to cut the Ram out. The distance between you and the old ute in the same lane closes up significantly one the Ram puts on its indicator.

                        The white lines on the road are a uniform length and length apart. The best part is, math dont lie. You sped up to close the gap to the old ute. The lines say you did. Your GPS says you did. Even the pixel width of the old utre says you sped up to close the gap.

                        Math dont lie. :)

                        • +2

                          @pegaxs: You can eat popcorn and do math at the same time?

                          What do you call this black magic wizardry?

                        • +1

                          @pegaxs: haha that is so good.

                          I think this is my favorite post ever. Who would send that footage to police. What did OP say "I've never had an infringement, but I really should. Here, see for yourself"

      • Yes, 95, 90 then 98.

        • -1

          Clear was saying i sped up before the truck merged. I already gave my reason for speeding up after i made evasive action.

          • +2

            @[Deactivated]: So yeah the cops got you on that. You can try and contest, seems like you will. Please update the thread regardless of the results. Cheers

  • +18

    You are the reason why everyone needs comprehensive car insurance.

    • -5

      Never had any accident nor infringement for the last 15 years.

      • +30

        nor infringement for the last 15 years.

        Better reset that count bud.

      • +1

        You havent had a infringement in the last 15 years just means you havent been caught in the last 15 years.

        • Cant stop laughing…he doped himself in ahahah

  • @pegaxs

    Confirmation bias on ozbargain has peaked.

    Where to from here? Whingepool, Reddit, MySpace 2.0?

    • +1

      It will never peak. It’s easy money, just like $TSLA stock. To the moon! Just when you thought there was going to be a peak, someone will come along and blow that out of the water…

      Pop corn while I’m up getting some?

      • +2

        My microwave just dinged. I'm in for the long haul tonight.

    • Perhaps you two should just take a break from the forums for one day and go outside?

      • Sorry for the late reply. I was busy running the dogs in the back paddock. Now, where were we?

        • “Running the dogs” + “in the back paddock”… ;)

  • +1

    Only watched video.

    Haven't read other comments.

    You could have let the ute in, but you are not required to. The ute failed to give way to you when changing lanes and you took evasive action.

    Object to the ticket.

    • but you are not required to.

      The road rules only work when used in conjunction with courtesy, common sense and a willingness to stay alive.

      The op displayed none of these.

      • +9

        I think we found the original account.

      • +1

        Muzeeb…. Nonsense. To be guilty or innocent of a road rule related offence, requires no reference to any of those attributes you mentioned.

        • That is absolute bollocks.

          A licensed driver has a duty to avoid collisions and, where necessary, to give way to other vehicles. Even if they feel the other driver is in the wrong. The OP had adequate opportunity to let 'the dick' in but for whatever dumb arse reason chose not to.

          • @MS Paint: Your argument is absolute bollocks. So we should always give way to anyone who wants to do anything on the road regardless of whether it's lawful or not, and if we fail to do that, we get punished for it? Nice logic there.

            • +3

              @[Deactivated]:

              So we should always give way to anyone

              It's called defensive driving.
              Would you prefer the punishment to have been a serious accident?

            • +2

              @[Deactivated]:

              So we should always give way to anyone who wants to do anything on the road regardless of whether it's lawful or not, and if we fail to do that, we get punished for it? Nice logic there.

              My radical logic is that I, as a road user (motorist and pedestrian) would prefer to get myself and companions to our desired destinations safely, and take action to minimise the chance of harm when I perceive hazards (or d*cks).

              What's so good about being technically correct when you're dealing with injuries and/or insurance after an accident?

              If you insist on wanting to be a hero, drive well enough so that the RAM had no possible chance to even start to merge, by being alongside or ahead of them. Box them in and keep them in your desired position and punish them for driving like a d*ck and endangering others.

            • +12

              @[Deactivated]: dude, this is why you have been charged.

              Section 83 of the Transport Operations (Road Use Management) Act 1995 creates the offence and states: “Any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.”

              • +5

                @altomic: This comment and also this comment need to be pinned to the top. It’s a shame it’s buried here. It’s a shame I can only give it one upvote…

                When people have a go at me for telling them there is no such thing as “RiGhT oF wAy”, this is why. You don’t have a “right” and must still drive with due care.

                OP’s case here is a classic example of the Ram needing to give way and OP trying to assert some “MuH RiGhTz” that they thought they have, when they too clearly also have an obligation to not drive like an arsehole.

            • +1

              @[Deactivated]: The only logic here is that you need to review the road rules.

            • +1

              @[Deactivated]: Yes.

              You should avoid anyone who drives in a crazy manner. Lawful or not.

            • @[Deactivated]: See this statement just highlights your attitude. So many people cant be wrong and you are arguing with them all. Sometimes its better to let go. You will get people on the road who make mistakes or do the wrong things. Its not your role to teach them a lesson. Your primary goal is to get to your destination safely. Dont let your ego take over.

        • lol the police say otherwise, the ozbargain community says otherwise, but yes, by all means proceed and see what the legal system reckons

      • -1

        You're just making up your own rules.

        • Defensive driving is not a road rule but it goes a long way to making life more pleasant on the road.

  • +3

    Any other normal driver

    The standard line of defense when they want to blame someone else.

    EDIT: seeing the comments from OP, seem triggered, in the right because "followed road rules"

    OP didn't get confirmation bias from the police and not getting any here either.

    Yep, unfairly Charged with Careless Driving

  • +6

    Early in December, I reported this guy in a Dodge Ram pickup truck with a trailer who was driving like a d**k endangering other road users as well as myself.

    LOL.

    dude was indicating for a while

    would have cost you 2 seconds to let him in.

    you reduced the gap between you and that ute in front.

    pot-kettle-black

    • -2

      Did you see him do the same thing early in the video? I have no obligation to give way. Thats the road rule.

      • +2

        you don't have an obligation to give way.

        but you also don't have to be a (profanity).

        • -1

          Not interested in moral stance on the issue. Question is around legal stance.

          • +9

            @[Deactivated]:

            Question is around legal stance.

            Yeah, eat your ticket and stop driving like an idiot. You almost had an accident with 2 cars all because "MuH RiGhTz!!"

            You deliberately sped up to cut the other driver out who gave you plenty of notice, and then in this action, you almost caused a collision with an innocent car in the far left lane.

            Please take this to court and let us know the date so we can all come and watch.

          • +6

            @[Deactivated]: without a copy of the QP9 outlining the details of the exact charge then I'll assume that if you look at the legislation under which you have been charged with then here's the legal stance -

            Section 83 of the Transport Operations (Road Use Management) Act 1995 creates the offence and states: “Any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.”

            you've been charged due not giving reasonable consideration for other person using the road.

  • +2

    Um… delete that video and hope nobody has saved it.

    You made a few poor decisions there.

    • +10

      Too late. Pegaxs will have this downloaded, backed up to his NAS and the cloud.

      • +111

        *cough* what???*cough*

        • +4

          Thank you

        • +16

          Thanks, I didn't realise what a goose the OP was until seeing this.

        • +5

          Our hero - thanks lol

        • +4

          Thanks for this, I was sad that I missed the video.

        • +10

          surely everybody is unfairly giving OP a hard ti…

          …oh damn

        • +5

          Wow lol. And he had the nerve to complain. The RAM had a safe lane change distance and the jackass op tries to cut him off. I thought maybe the ram tried to speed up and cut him off but now he was the bloody jerk. Nearly had an accident as well because of his shithousery

        • +1

          Original link is gone. If you post a copy on youtube with some narration I think you could make the OP a star

        • +3

          pegaxs doing god work again.

        • +3

          Well done, thanks

        • +4

          thank so much, wow OP you peanut!

          Unbelievable that the OP still thinks he is right!

        • +3

          Legend.

        • +2

          Pegaxs coming through with the goods every time.

        • The real hero

        • The hero we all need! Made my day with lots of laughs!

        • Legend!

          Geez, I drive like a entitled f****** and theyre in the wrong.

        • +3

          Sorry OP, but that first lane change they did, they were simply moving out of the way of another vehicle. See how the other driver decided to go around after letting them in. Reading the description I thought they were weaving in and out of traffic, but I would say they were just approaching their exit and wanted to safely change lanes before they got there. Therefore they indicated after the ute was out of their way and started to move across.

          I would say you're the dick. You still need to brake to avoid hitting other vehicles, even if there is a vehicle behind you. The person behind you is responsible for braking behind you. I get that you didn't feel like slowing down, but you didn't get in the way to stop them before they started indicating. You should have let them in and gone around them like the other vehicle did when they changed lanes and this whole thing could have been avoided.

          The thing you did wrong legally, as well as speeding up after they started to enter your lane, is merging into another vehicle. Now, I'm not sure if you indicated, but I am sure you didn't give them the opportunity to let you in. The vehicle with the trailer merging into your lane tried to do the right thing and you deliberately tried to mess with them.

          I would say the driver of the vehicle with the trailer is not a great driver. They didn't seem very good at maintaining their speed, they should have anticipated that dicks like you would try to prevent them from changing lanes at the expense of all of the road users in your vicinity. But I would say they were a better driver than you from this video clip.

          Try not to get too down about it though, it's a learning experience. Even if you still think you're morally superior for trying to prevent someone from changing lanes, you're better off just letting them in and going around. It helps us all get to our destination safer. I like to blast music I enjoy and sing along, I find it really helps with remaining calm when other drivers are being a bit annoying, and taking a safer course of action rather than raging and trying to mess with other drivers.

      • +3

        Not All Heroes Wear Capes

    • +1

      Why delete it? It's a bit too late because the cops already have it, courtesy of the OP! lol

      It'll be used as evidence if he decides to contest the fine.

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