Hi community, I'm looking for a bit of support on how to go about proving my innocence.
I made a right turn off the main highway at a traffic light, drove down the street about 100 meters, pulled into a drivewayonto the left shoulder near the first dirt driveway (slightly going onto the dirt driveway) and then swung a U-turn to go back in the other direction, coming back to the main intersection so I could turn left back onto the main highway. So in essence, my objective was to turn around and go the opposite direction on the highway, which I accomplished.
However, after coming back onto the highway in the opposite direction, police lights appeared behind me and I was pulled over for an illegal U-turn at the traffic light. I explained to the officer that I think he made a mistake as I had not turned around at the traffic light, but it was his word vs my word. He said he had footage of it, and I asked to see it, but he said he isn't able to show me on the side of the road. I could tell he was making excuses as when I proclaimed I didn't do a U-turn he said I must have ran a red light when I was turning back onto the highway because I did everything so quick. I video recorded the conversation with him.
I've gone back to the site where the incident occurred and record a video of exactly what I did. There is over 40 seconds between the turn at the light, to when I finally make my way back onto the highway. That would have to be the slowest U-turn of all time, so the officer must have seen a similar car to mine or was daydreaming and time-continuum skipped for him.
I've contested via the NSW penalty portal and they have upheld the decision:
"Drivers cannot make a U-turn across single or double continuous dividing lines or at traffic lights unless signs allow. The issuing officer noted you made a U-turn after turning right at traffic lights."
The letter says that if I want the video footage from the officer's car, then I can reach out to the local police station.
Update 8 Apr 2024 on getting the footage
I've contacted the police station to get the footage and they took my details so they could give it to the police officer and he can contact me directly. I told them that he has no incentive to contact me and I'd like to be able to follow him up — and they said I could come down to the police station occasionally but no guarantee he will be there.
I've contacted a solicitor and they said that in order to force the police to handover the footage I'd have to plead Not Guilty. For legal representation at the hearing it will cost me $3,300. The court fees would be ~$65, and the judge has the power to raise the fine if he/she chooses to do so. The risk is I show up on the court date and the officer says the footage is gone, then it's his word against mine, and to me that means I'll lose.
So I think the only options at this point is to either pay the fine and move on, OR self-represent (or use a free on-duty solicitor @
EightImmortals) pleading Not Guilty.
Update 9 Apr 2024 on how I turned around on Crozier Rd
I pulled onto the left shoulder near the first dirt driveway on the left (slightly driving over it but not into it), then swung a U-turn. I didn't actually do a 3-point turn. I did not do a 3-point turn. Apologies if this confused people, I don't think it changes the situation though as I got the violation for doing a U-turn on Forest Way.
Update 18 Apr 2024
I've been a bit lax and never called the Police Station again asking for the footage. I guess I've been avoiding the confrontation. Based one some of the replies I plan to submit a formal letter to the police station tomorrow (thank you Chat GPT). I have to respond back to Revenue NSW by April 25 on whether I will go to court. Once you choose to go to court you can't just pay the fine anymore. I'm leaning towards going to court just to learn how it all works and maybe it will help others in the future. Worst case is I lose and they notch up the fine and fees a bit. If they are unable to provide me the footage I can put that as evidence in court. As soon as I confirm that I want to take it to court, I will issue in writing my plea of not guilty and request the video evidence as well. Hopefully I get a response well before the hearing.
I've returned back to the scene and recorded this video per the request of many. Probably the main difference is my fine was around 7pm when there was much less traffic, so the red light on the way back was much shorter.
<need to reupload the video to a different provider. I was using Veed but seems you need a login to view. >
The Fine Notice states the following:
Offence: Make U-turn at intersection with traffic lights
Location: Forest Way Belrose
Note, it carries 2 demerit points and is $302.
As an AI language model, I am unable to offer any insight unless provided with an MS Paint Diagram.