Driving Fine for Illegal U-Turn I Didn't Do - Request for Advice

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.

Comments

  • +83

    As an AI language model, I am unable to offer any insight unless provided with an MS Paint Diagram.

  • +13

    Not sure if NSW is the same as Vic as in Vic you can not pay the fine and choose to have your matter heard before a magistrate. Your opportunity to request the footage from police for you to use in your defence.

    Best of luck

    • "My friend" stopped in a bus zone, and he received an Fine for that. He asked the council for picture. The picture date and infringement date were not the same.

      I would go to the police station and ask for the footage. Of course recording everything and having them giving you a statement that there were not able to give you footage, in case they won't.

      And if you have google map, maybe check if your trip was recorded.

    • Queensland has the same process in place, with the addition of you are liable for all court costs if your case is not successful.

  • +3

    If you're able to view the in-car video without having to subpoena as evidence for a court attendance, you're winning at this point. Let us know how you go.

    • +1

      OP has omitted very important information to make them appear innocent

      Its in the working of the offense:

      "Drivers cannot make a U-turn across single or double continuous dividing lines or at traffic lights"

      So OP has crossed an unbroken line to perform the turn and that is illegal.
      One can only do this to enter their own driveway and this wasnt the case.

      Sorry OP but it seems you are indeed guilty of the offense which your were charged.
      And its NOT doing a U-Turn at the traffic lights.

      You must produce evidence that proves there was NO unbroken line on the road where you made the turn into the driveway.
      This is where dashcams come in very useful

      Meanwhile the video you recorded "after the fact" would be very useful.
      Pls upload it.

      Expert legal information about U-Turns can be found here:
      https://www.sydneycriminallawyers.com.au/blog/when-is-it-ill…

      • +4

        I have no idea why you've been downvoted so much - your comment reads perfectly fine and correct to me.

        Only point of disagreement is the "expert legal information"… for something so simple, just link to the legislation.

        • These people are experts in this field of law and explain it so you can understand it.
          Would take much longer to plough through pages of legislation and which offer no explanations or illustrative examples.
          It is these people you would engage to defend your case. Not the legislation.
          But thanks for the support.

          Lots of people here give you a down vote because they dont "like" your answer.
          They are in fact rather uninformed yet people like OP rely on thier "wild opinions".
          So the down votes are not becuase the information presented is not accurate nor informative nor correct.

          Shows the level of intellect here from some people

          • @HeWhoKnows: And Ive just read OPs latest update.

            OP now admits they actually did a U-Turn on Forest way which runs through Belrose (Sydney north shore) .
            This makes a huge difference (contrary to what OP claims) as in some cases 3 point turns are allowed whilst U-turns are not.
            Especially as Op claimed they turned into a driveway which obviously they didnt. By thier own admission.

            And judges certainly dont like people that change thier story !

            LIES LIES AND MORE LIES OP……GUILTY GUILTY GUILTY

            For those that dont know, Forest Way is a major road connecting Warringah Rd to Mona Vale Rd.
            It has double lines or a median strip all of the way, except where there is a break at "intersections" which allow cars to turn into a street.

            Here is the link to Forest Way in Google maps if you would like to check for yourself:
            https://www.google.com/maps/place/Forest+Way,+Sydney+NSW/@-3…

            So reading into the alleged breach…..
            (Drivers cannot make a U-turn across single or double continuous dividing lines)
            …….OP has likely performed a U-Turn across unbroken lines (probably) near an intersection And that is big No- No.

            Hence the infringement notice is likely issued correctly.

            Your words of sympathy nor advise nor neg voting such obvious facts of this case wont help OP at all.

            Unless OP made the U-turn at a break in the median strip which is actually legal except where signposed otherwise.

            Interesting how OP makes no mention of the lines on the road, nor location of the nearest traffic lights in thier latest update.
            These are very important facts in the case.

            Nor has OP uploaded a video or photograph of the road where they performed the U-Turn

            Nor has OP provided the exact intersection nor the address where they performed the U-Turn so we can check for ourselves using Google maps.(satellite or street view)

            Hohumm

            So much for the "no idea" neg voters.
            Learn the road rules please!!!!

            • +1

              @HeWhoKnows: What does this say?

              I made a right turn off the main highway at a traffic light, drove down the street about 100 meters,

              Update 9 Apr 2024 on how I turned around on Crozier Rd

              • @jackspratt: Thanks for pointing that out.
                More information allows us to provide better guidance.

                Crozier Rd has double lines at the Forest Rd intersection for about 30m… just like with all intersections.
                See here: https://files.ozbargain.com.au/upload/137118/111794/crozier_…

                But further up Crozier Rd at the first dirt driveway on the left, where OP claims to have done a U-Turn, there are no markings on the road other than marking the left turn lane into the dirt road/driveway.
                See here: https://files.ozbargain.com.au/upload/137118/111795/crozier_…

                These are the photos that Op should have uploaded.
                Mine are captured from Google "street view"

                So begs the question - where exactly did OP actually make the U-Turn?
                Only a review of the Policeman's footage will reveal who is correct.

                But police rarely make such mistakes.
                And I did say "rarely" - because the do make mistakes!

                I suggest OP persists on reviewing the cam footage

                • +2

                  @HeWhoKnows: Many, including myself, figured that out 2 days ago - and without being overbearing and self-righteous about it.

                  Perhaps it is time you reconsidered your username.

                  • -1

                    @jackspratt: When there are several updates to the original brief (which rarely happens) one doesnt necessarily keep up with them.

                    I mean who goes back and reads the full post again every time they come back to comment?????

                    If OP was upfront with everything including providing photos of "the scene" (as I have done for everyone) then we would not have this confusion.

                    The advice one gets is only as good as the quallity of information provided.

                    So as the saying goes…

                    "Dont shoot the messenger"

                    By the way…

                    the latest update on one of OPs replies further down says:

                    "The road I turned around on is 1-lane in each direction divided by a broken line. It was 100 meters from the traffic light."

                    If you check my uploaded photos there is in fact no broken line nor unbroken line diving the road at the first dirt driveway on the left which is about 100m from the traffic lights.

                    And OP still hasnt uploaded any photos. So probably even OP doesnt recall where they did a U-turn. or was it a 3 point turn into a driveway?
                    But maybe the policeman does!

                    So best you keep up with the discussion before being critical

                    This OP is truly unbelievable

                    They have changed thier story about 4 times now.

                    seriously the judge would throw the book at OP and double the fine

  • +39

    As I progress I'll keep updating this topic.

    I've cleared my diary in anticipation.

  • +3

    Just curious about something

    There’s a traffic light near me, and the right turn takes ages (you could legitimately be there for 5mins, as each cycle 2-3 cars can get through)

    About 100m ahead of this traffic light, there’s a u turn lane. There’s nothing illegal about using this u turn lane, and then turning left.. is there?

    • Hope not! I have the same issue near me and do this all the time.

    • Its called an R Turn and is a valid way to turn right. There are specifically designed to allow a quicker and safer right turn.

    • -1

      Is it? The road I turned around on is 1-lane in each direction divided by a broken line. It was 100 meters from the traffic light.

        • +1

          If you're sure on this I'd be keen to know how you interpret the below? I interpret as I'm allowed to do a U-turn on a road with broken dividing line. I got a violation for allegedly doing it at the traffic light.

          https://www.nsw.gov.au/driving-boating-and-transport/roads-s…

          U-turns
          You must not make a U-turn:
          - at intersections without traffic lights where there’s a ‘No U-turn’ sign
          - at intersections with traffic lights, unless there’s a ‘U-turn permitted’ sign
          - across a single unbroken dividing line or double unbroken dividing line
          - across double dividing lines with an unbroken line closer to you
          - on motorways and freeways.

        • +10

          The car didn’t turn and point in the opposite direction in one action. It made a right hand turn and proceeded 100m down the street.

            • +12

              @jv:

              A 3 point turn into a drive way and pointing the other way is a u-turn

              No it's not.

            • +17

              @jv: Stick to what you know, which is very little.

              A three point turn is when you do it on the ROAD, NOT when you dive into a driveway and reverse out.

              • -6

                @CurlCurl:

                Stick to what you know, which is very little.

                That's just your opinion, not fact.

                Three-point turns must comply with the U-turn road rules.

                • +1

                  @jv:

                  Three-point turns must comply with the U-turn road rules.

                  NO THEY DON'T

                  https://www.nsw.gov.au/driving-boating-and-transport/roads-s…

                  • -7
                    • +7

                      @jv: It's pantomime season with JV again

                      • -5

                        @cashless:

                        It's pantomime season with JV again

                        "look behind you!"
                        "look behind you!"
                        "Oh, yes it is!"

                  • -3

                    @CurlCurl:

                    In addition to the road rule for unreasonably obstructing traffic, there are some other rules that may apply to drivers completing a three-point turn.

                    In all states and territories, three-point turns are considered the same as U-turns and thus should comply with the U-turn road rules.

                    That means no three-point turns at traffic lights, intersections, pedestrian crossings or level crossings, or on roads with single or double continuous lines or signage decreeing 'no right-hand turn' or 'no U-turn'.

                    • +3

                      @jv:

                      or on roads with single or double continuous lines

                      You are ALLOWED to turn over and unbroken or double lines to turn into a driveway,

                      • @CurlCurl:

                        You are ALLOWED to turn over and unbroken or double lines to turn into a driveway,

                        Yes, but not to do a 3 point turn.

                        Even if you partially enter a driveway, it's counted as a 3 point turn - which is considered the same as a U turn.

                        • @trapper:

                          Yes, but not to do a 3 point turn.

                          Even if you partially enter a driveway, it's counted as a 3 point turn - which is considered the same as a U turn.

                          More crap.

                          You must be JV's brother.

                • +1

                  @jv: Based on everything you post on ozbargain and how often you are proven wrong, I'd say he's got a strong case for this being fact.

            • @jv: You literally just called it what it actually was.

              A 3 point turn is completely different from a u-turn.

              I hope you don't have a license.

              • @eccles30:

                A 3 point turn is completely different from a u-turn.

                Yes, but Three-point turns must comply with the U-turn road rules.

        • +9

          I turned right off a highway the other day (where it would be illegal to do a uturn), drove into a shopping centre, parked, did some shopping, came back out the same way and turned left onto the highway again.

          Using your logic, this counts as an illegal u-turn as well, because my car was pointing the opposite direction at an intersection where u-turns were illegal.

          • -3

            @freefall101:

            this counts as an illegal u-turn as well

            That's not a three-point turn.

            • +4

              @jv: If it isn't then what OP did isn't either. They turned right off the highway, into a driveway, back out again the opposite direction then turned left onto the highway.

              I turned right off the highway, into a carpark, back out again the opposite direction then turned left onto the highway.

              Unless you have a new way of counting to three that I don't know about.

              • @freefall101:

                They turned right off the highway, into a driveway, back out again the opposite direction then turned left onto the highway.

                That falls under the same rules as U-Turns

                • +9

                  @jv: You don't seem to understand that the OP was booked for a u-turn on the highway, not from the side street.
                  OP turned off the highway onto a side street
                  Drove down the side street ~100m and pulled into a driveway
                  Reversed out of the driveway and resumed travel in te opposite direction
                  Re-entered the highway with a left turn.
                  Was booked for doing a u-turn on the highway
                  How can they be booked for doing a u-turn on the highway when they turned off the highway and back onto it?
                  Stop being so obtuse and arrogant.

                    • +2

                      @jv: I'd hate for you to be my lawyer.

                      • +2

                        @[Deactivated]:

                        I'd hate for you to be my lawyer.

                        Being his wife would be **WORSE.***

                    • +9

                      @jv:

                      Oh. I didn't read that bit.

                      13 comments over three hours stating absolute bullshit without even properly reading the post.

                      Have you considered a hobby that doesn't involve contact, even virtually, with the outside world?

                      • -4

                        @johnno07:

                        13 comments over three hours

                        Yep, I didn't spend much time on this one.
                        Too many other posts to keep track of.

          • @freefall101: If you drive fully off the road into a driveway before reversing out again then you might get away with it.

            But partially entering a driveway then reversing out will absolutely be considered a 3 point turn.

        • +2

          It's not a U turn when you leave the road. A U turn is when you turn around on a road to invert direction of travel. In this case, OP left the highway entirely, went down a different road, did a 3-point turn there, and then drove back to the highway. You can argue over the semantics of whether or not a 3-point turn is equivalent to a U turn, but OP was fined for allegedly doing a U turn on the highway, which he unequivocally did not do.

          • @OzBarAnon:

            It's not a U turn when you leave the road.

            I didn't leave the road.

          • -1

            @OzBarAnon:

            OP left the highway entirely, went down a different road, did a 3-point turn there, and then drove back to the highway

            Do I hear an echo ?

          • @OzBarAnon:

            but OP was fined for allegedly doing a U turn on the highway

            No, he was too close to the traffic light. "I was pulled over for an illegal U-turn at the traffic light"

            The argument is how close is too close, and how close exactly was it.

            • +1

              @trapper: OP gave an estimate of 100m, which seems excessive to me to be considered "too close to the light." If the U-turn on the side-street was illegal, I doubt it'd be due to proximity to the light.

              • @OzBarAnon:

                I doubt it'd be due to proximity to the light.

                But that is exactly what was alleged… "I was pulled over for an illegal U-turn at the traffic light"

        • No it's right turning into a driveway, reversing out of a driveway, then going forward.

        • +2

          "I drove to work and then came back home", in your mind this is a U turn…

          • -3

            @smartazz104:

            in your mind this is a U turn…

            you have comprehension issues.

      • +1

        If you choose to contest in court, the fine gets withdrawn and you can choose to self-represent. But once you reach this point the ICV becomes evidence and you have to subpoena the police and view the footage in a court house. So before you make this decision, try to get hold of the ICV. But please don't stir up the police by suggesting they have no incentive to contact you. If they've made an error… well actually that never happens.

        • Thanks, I'll reach out to the police station if I don't hear back in a few days.
          I get your point of not stirring up the police, but if I was the police officer I'd sit on the evidence. I guess the opportunity for him to save face before the court date would be better than being proven wrong in front of a judge. But if I was him, and found the footage proving he was wrong, wouldn't he just destroy it?

          • +4

            @kealii: If the footage doesn't prove their case, the prosecutor will likely contact you to say they're withdrawing the charge. BTW, I got pulled over in NSW, charged with speeding >30km/h, fine $900+, disqualified for 3m, chose to contest in court, pleaded guility via written notice, fine $150 plus other court costs $163, no demerits.

            • @sumyungguy: How? That sounds highly unlikely unless it was something like roadworks with a missing sign??

              • @mauricem: No idea what occurred, I didn't attend court. But that was the outcome.

                • @sumyungguy: That seems really weird to me.

                  If the charges were withdrawn, you shouldnt need to plea guilty. But you did pay a fine and court fees, so it does seem like you did enter a guilty plea. Court fees should only apply if you elect to go to court as well

                  Did this happen during or around the covid restrictions?

                  • @Butt Scratcher: The second part of my comment was simply to share my experience of being charged by NSW Highway Patrol, having my review rejected, choosing to contest in court, deciding the expenses wouldn’t be worth it, pleading guilty with no court attendance. It’s possible to roll the dice and not lose.

                    • @sumyungguy: It just seems strange to be to have the charges dropped but still plea guilty. So I was hoping for further clarification

                      • @Butt Scratcher: Must have been because I was on a Qld licence, so they were able to initially impose the fine (NSW revenue) and the DQ (national agreement) but concluded with a NSW court fine and no other sanctions.

      • -1

        Well then you have changed the story yet again!

        How many times have you changed the story now?????????????

        there is only ONE TRUTH.

        The judge would lock you up for that !

        You are indeed incredibly frustrasting mate!

        Crozier Rd where you claim to have turned has no lines whatsover dividing each side of the road.

        So one begs the question - exactly where did you make that allegedly illegal U-Turn
        Was it across the double lines at the intersection?
        Or was that a 3 point turn into a driveway?
        Or was it along Forest way?

        I suggest you dont argue the point and just pay the fine because if you take the matter to court the judge will literally throw the book at you!

      • -1

        Rubbish

        LIES LIES and MORE LIES again OP.

        Look at my uploaded photos of the scene mate.

        There is no broken line nor unbroken line dividing each side of the road 100m from the traffic lights.

        he problem here is not the law, nor if any lines where marked on the road.

        its tohe total inconsistency of your story

        Something like 4 versions now.

        And judges look for such inconsistencies when deciding who is telling the truth.

        So mate just pay the fine and stop all confusion.

        • @HeWhoKnows

          You either have serious reading comprehension problems, or you are trolling.

          • -1

            @megaclix: I think you have the problem.

            I suggest you read through and pick up all the changes in the story and all the inconsistencies.

            Op has not uploaded any dashcam footage nor photos to support thier story.

            But I have if you care to check.

            And as they say, every picture tells a story and the photos dont agree with what OP is claiming.

            The end result is a GUILTY verdict

            So its you thats trolling because (unlike me) you arent adding anything of value here.

          • @megaclix: The former, I suggest.

            The uploaded photos are from Google Maps, and the one of Crozier Rd, was taken in September 2019.

            https://www.google.com/maps/@-33.7162193,151.2157286,3a,75y,…

            However, the satellite view, taken in 2024, clearly show a broken white line in the vicinity of the dirt driveway - which is about 140 metres from Forest Way.

            https://www.google.com/maps/place/Forest+Way+%26+Crozier+Rd,…

            HeReallyDoesn'tKnow - bush lawyer for sure.

    • +5

      That is classified as a U-Turn

      RUBBISH.

    • That is called a three point turn. Please hand in your license if you think that's a u-turn. Other states should just do away with this no u-turn bs and allow it like in Victoria.

      • -1

        That is called a three point turn. Please hand in your license if you think that's a u-turn.

        I never said it was a u-turn.

        However, three-point turns must comply with the U-turn road rules.

        • +2

          I made a right turn off the main highway at a traffic light, drove down the street about 100 meters, pulled into a driveway, turned around and came back onto the main highway.

          That is classified as a U-Turn…

          • -1

            @brifog: change the word to 'legally treated' to make you happy.

  • +12

    Where is your dashcam footage?

    • -1

      I know right. Everything in hindsight.

      • That's only if you install both a front and rear-facing one, or if you drive everywhere backwards.

      • I purchased my first dashcam after a van reversed into my car then claimed I ran into him.

    • OP went back to the scene but didnt take any photos either

      Why not?

      I can tell you why not.

      Because OP has changed thier story some 4 times.
      So even OP doesnt who where they made the turn.
      And no dashcam footage to back up thier 4 stories.

      But the policeman surely knows and it wasnt where OP claims they made the turn.

      • @HeWhoKnows

        Summary of what happened:-

        The OP has stated that they were heading south on Forest Way, and turned right into Crozier Rd. Then approx 100m into Crozier Rd (near the dirt track on the left), pulled a U-Turn (the lines in the middle of the road here are broken lines - so legal). The OP then returned to the set of lights, and did a left to be heading north on Forest Way.

        If the OP did change any of their original story, it was 'pulled into a driveway, turned around and came back' which is now 'pulled onto the left shoulder near the first dirt driveway (slightly going onto the dirt driveway) and then swung a U-turn'. This is irrelevant, because either was was legal.

        • Mate

          You are way way behind.

          Your summary is wrong unfortuantely.

          There are now about 4 versions of what happened.

          There is even inconsistency about the lines on the road.

          (Hint: dont believe what OP says - Check Google street view for the truth which I have uploaded)

          So we really dont know where OP made the illegal turn.

          Nor is OP sure of this (obviously)

          All these inconsistencies are a sure sign of guilt in any court of law and thats all that matters.

          • @HeWhoKnows: OK, you are trolling. Got it.

            • -1

              @megaclix: No you are. Again you havent added any value whereas I have

              Either make a helpful contribution or butt out please

              • @HeWhoKnows: I am happy to be corrected. Can you point out/summarise the 4 versions of what happened (or at least the 4 inconsistencies), because I am of the understanding of what I posted above.

  • +6

    Spend the money on a dashcam for next time it happens

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