No Stop Council Fine in Court

LBarhunter89 on 21/08/2024 - 20:45
Last edited 21/08/2024 - 20:55 by 1 other user

Hi all, the other day a council ranger issued a fine in regards to disobeying a no stop sign.

I requested for a review, as I stopped for pedestrian who was crossing the road. Review request was denied, following that I selected to go to court. I am going to plead guilty as I did stop in a no stopping zone but have a valid justification.

Just wondering of court still finds me guilty, will this conviction go on my criminal record. First such fine issued to me in 10 years of driving. This happened in NSW and have an NSW licence.

Automotive Fine

Comments

  • randomusername2017 on 21/08/2024 - 20:53
    +13

    No way you got done for parking in a no standing zone for just stopping for a pedestrian. Good luck in court 🤞

    No..it's not a criminal conviction.

    • original15 on 21/08/2024 - 21:30
      +5

      We need the full story.
      Pedestrian was a passenger you stopped to pick up?

      • Makaveli99 on 22/08/2024 - 08:59
        +1

        Yea not enough details by OP, wasting our precious time

        • OzzyOzbourne on 22/08/2024 - 09:12

          " I stopped for pedestrian who was crossing the road"

        • smartazz104 on 22/08/2024 - 09:27
          +1

          precious time

          Doubt.

    • HeWhoKnows on 22/08/2024 - 08:17
      -4

      Hmm Depends if OP was out of thier car when fine was issued.
      Maybe OP got out to help the little old lady cross the road?

  • SnoozeAndLose on 21/08/2024 - 20:58
    +2

    Even if you are determining as guilty, you will need to pay for the court fee plus the fine. This is not a criminal offence

  • Ryanek on 21/08/2024 - 21:00
    +6

    Four years without a word and your first post is a driving question? Nice.

    • Barhunter89 on 21/08/2024 - 21:05
      +4

      Silently reaping the benefits of being an Ozbargainer.

    • donga100 on 21/08/2024 - 21:09
      +2

      What other topics are discussed here apart from traffic infringements and not having insurance?

      • jv on 21/08/2024 - 22:04
        +2

        Gift cards ?

        • Murkymerv on 21/08/2024 - 22:52
          +3

          JV ,"you've done it again".

    • Duckie2hh on 21/08/2024 - 23:13

      Its the ozbargain way

    • overthinking on 22/08/2024 - 08:30

      certified lurker

  • ihfree on 21/08/2024 - 21:26
    +7

    Got dashcam footage? Where's the MS Paint diagram?

  • Porker on 21/08/2024 - 21:27
    +6

    It's permitted to disobey a parking road rule to comply with a permitted other. As example, stopping in a No Stopping zone while at a red light or at a STOP sign.

    I suspect you're not giving the full story. Eg. How long you were stationary for? Did anyone get in or out of your vehicle? Or you indeed stopped to give way but didnt pull away and stayed stationary, etc.

  • KangaDrew on 21/08/2024 - 21:43
    +4

    Missing context: OP is an Uber driver

    • randomusername2017 on 21/08/2024 - 21:54

      Uber good driver…10 years of not getting caught in Sydney for a parking infringement…pretty impressive.

    • Barhunter89 on 22/08/2024 - 04:18

      OP is a law abiding, tax paying, ozbargain citizen and works in banking. If this helps.

      • Krankite on 22/08/2024 - 07:24
        +2

        law abiding, tax paying banker? no wonder you need ozbargain

      • Munki on 22/08/2024 - 09:20
        +1

        Must be in your high yield investment European car then.

  • Toph Beifong on 21/08/2024 - 21:43
    +1

    Dash cams are on sale

  • jv on 21/08/2024 - 22:03
    -2

    a fine in regards to disobeying a no stop sign.

    and

    I requested for a review, as I stopped

    Case closed

  • spackbace on 21/08/2024 - 22:10
    +3

    Hammer time?

  • happydude on 21/08/2024 - 22:38
    -2

    You are going to get burned. I can tell straight away.

    You say you are going to plead guilty AND then wonder if the court will find you guilty. It's an easy one, yes, if you plead guilty you will be found guilty and convicted.

    If you are convicted it goes on your criminal record as a traffic offence, although you can apply for a section 10.

    You've been really silly here not just paying the infringement. You should contact legal aid.

    Your criminal record will also include criminal and traffic offences where you have taken a fine to court, and the Court convicted you.
    Source : https://www.legalaid.nsw.gov.au/my-problem-is-about/fines/fi…

    • Danstar on 21/08/2024 - 22:46
      +1

      Legal aid? I thought all Ozb’ers were rich!

    • Barhunter89 on 22/08/2024 - 04:15
      +1

      My understanding is that disobeying no stop sign is a parking offence, hence will not go on criminal record
      Extract from legal aid
      and traffic offences where you have taken a fine to court, and the Court convicted you.

      Your criminal record doesn’t include:

      parking offences
      dismissed criminal charges
      offences for which a court found you not guilty

    • 82norm on 22/08/2024 - 07:47

      @haspydude… how do u make this shit up? In New South Wales (NSW), minor traffic infringements, such as speeding or running a red light, are dealt with through fines and demerit points rather than criminal convictions. These types of offenses are considered administrative or regulatory breaches and do not result in a criminal record.

      However, more serious traffic offenses, such as drink driving, driving while disqualified, or dangerous driving, can lead to criminal charges. Convictions for these serious offenses will be recorded on your criminal record.

      In summary, minor traffic infringements typically do not result in a criminal conviction in NSW, but more serious offences can.

      Btw. I use to work in the NSW courts

      • Barhunter89 on 22/08/2024 - 08:48

        @82norm disobeying a no stopping sign is a minor parking offence, what I am struggling to find an answer to is, what will be the outcome if judge decides to find me guilty in court, will this go as a conviction in my criminal record or not.
        As in a fit of rage I decided to challege the ticket in court.

        • 82norm on 22/08/2024 - 10:40

          I think you’re over baking the situation, it’s a minor traffic offence. There will be no conviction. It won’t be a judge, but a local magistrate. You’ll get probably 15mins of air time to state your case, argument and a decision will be made. On any given day a magistrate will do dozens and dozens of cases, literally churn and burn. Just explain exactly what happened.

      • Munki on 22/08/2024 - 09:23
        +1

        As a cleaner?

      • happydude on 22/08/2024 - 10:26

        Making shit up?

        Your criminal record will also include criminal and traffic offences where you have taken a fine to court, and the Court convicted you.

        Source : https://www.legalaid.nsw.gov.au/my-problem-is-about/fines/fi…

    • randomusername2017 on 22/08/2024 - 09:35

      Court convicted you.

      What exactly is the conviction for a minor traffic offence?¿

  • TheMindsetTraveller on 21/08/2024 - 22:52

    Hate councils passionately. Also hate ticket inspectors passionately. The other day, I got pinged, first time in 45 years, for not having a valid ticket. If you are Sydney and use an opal card, you know what a transfer is right? So I caught the light rail - tapped on, got off a few stops later and tapped off and got charged… as I had to "transfer" to another light rail. As the wait for the next light rail was quite long, I did not tap on as I was considering to go transfer to a bus which I can also do in my situation. Anyway, light rail came, and I jumped on - totally forgetting to tap on. Anyway, that 2nd leg would have only cost 24cents - (i had already paid for the first leg as I had tapped on/off) and my opal history can confirm my travel patterns, yet the inspector dude would not hear a bar of my reasoning. He even saw that I tapped on and tapped off 15minutes earlier with his reader but still was using his "power" to bully me. foxtrot oscar to him and foxtrot oscar to his people.

    • Munki on 22/08/2024 - 09:24
      +1

      You forgot to tap back on. That was totally your fault though…

      • TheMindsetTraveller on 22/08/2024 - 09:45
        -4

        And you are perfect? Ok champ, gold medal to you Raygun's brother

        • Munki on 22/08/2024 - 10:26

          Love the zero accountability approach. It's obviously the transit officer having a power trip and not them doing their job because you forgot to tap on.

          And holy crap "Raygun's brother"? God that's so cringe.

  • djsweet on 21/08/2024 - 23:20
    +3

    Tbh your story doesn’t make any sense. If you legitimately stopped to avoid running over a pedestrian who was blocking the flow of traffic why would you plead guilty? If someone jumped out in front of you and you slammed the breaks to avoid turning them into a human pancake you wouldn’t have got a ticket.. and if you did the court will overturn it I’m sure.

    • Barhunter89 on 22/08/2024 - 06:11
      +1

      I would plead guilty so that I don't have to turn up to court once more on the day of hearing.
      If you plead not guilty, court assigns a date on which matter will be heard.
      I have made a stupid mistake of taking this to to court, rather than coughing $320.
      Don't want to make things any worse.

  • Randxyz123 on 22/08/2024 - 03:52

    Unless you have dash cam footage you are going to waste hours of your life in court. The courts tend to often favour councils unfortunately.

    I’d just pay it and move on, It sucks shit that this has happened.

    Maybe ask the council for photo proof? If the officer took a photo the pedestrian might be in the foreground still crossing.

    • Barhunter89 on 22/08/2024 - 04:13

      I requested for photograph, but they don't have one

    • Porker on 22/08/2024 - 07:00

      "The courts tend to often favour councils unfortunately."

      The courts uphold the law and typically defendents arguing 'it's the principle' has no legal standing. Councils will have a road rule breach or legislation item behind their case at the time of hearing.

      In short, it's probably more a case of lack of preparation by the party challenging the fine rather than playing favourites to Councils.

  • Fredfloresjr on 22/08/2024 - 06:01
    +3

    F the council rangers! They are useless and hopeless.

    • Dollar General on 22/08/2024 - 09:03

      What about Walker Texas Ranger?

  • kiitos on 22/08/2024 - 07:25
    +1

    Can you give more detail about what happened? Was there a marked pedestrian crossing? Did the pedestrian get out of or into your car? Did you pull over to the kerb while this was happening?

    • Barhunter89 on 22/08/2024 - 08:15

      I am not even sure what happened, can't even recall. Just received a ticket in my mail box 10 days after the alleged crime.
      I drop my missus to station, where the alleged crime was reported, every morning, and dropped her as usual even on the day.
      Only difference, that day i dropped her a little before the rush hour.

      • The GM on 22/08/2024 - 08:55
        +5

        So, you didn't "Stop for a pedestrian crossing the road", you stopped in a no-stopping zone to unload a passenger, and got caught. For example this stretch along the Kingsway in Miranda, where drivers use the morning peak hour traffic to drop their loved ones off at the station in front of the Westfields. They are no stopping zones for a reason. Plead guilty, hopefully learn the lesson and be a better driver, or get off the roads.

      • Shadowsfury on 22/08/2024 - 09:04
        +1

        Was the pedestrian you potentially stopped for actually your wife who you let cross in front of your vehicle?

        • Barhunter89 on 22/08/2024 - 09:13

          There was another car in front of me which stopped for a another pedestrian, not my wife

      • Porker on 22/08/2024 - 09:25
        +4

        As per earlier response - you're not telling the full story. https://www.ozbargain.com.au/comment/15627787/redir

        Now informing that you dropped your wife off puts a lot more context. Did you drop your wife off where you're legally allowed to stop? OR did you drop her off in a NO STOPPING or similar area?

        Doing something illegal for a number of years or times in the past is not justification for getting out of a ticket/fine once you are caught. Eg. "I've been doing this for 10 years", means you got away with it for 10 years - the lack of enforcement doesn't mean it's permitted.

      • randomusername2017 on 22/08/2024 - 09:41

        I drop my missus to station

        Does she exit a moving vehicle or do you disobey a no stopping sign ?¿

      • JimmyF on 22/08/2024 - 10:59
        +1

        I drop my missus to station, where the alleged crime was reported, every morning, and dropped her as usual even on the day.

        LOL Dude so you stopped in a no stopping zone to let a pax out of your car. The fine totally sticks. Just pay it. Stop wasting the courts time.

        Just because you do it every day, doesn't mean it is right.

      • trapper on 22/08/2024 - 11:14

        I drop my missus to station, where the alleged crime was reported, every morning, and dropped her as usual even on the day.

        Wait what?? So you stopped in a no stopping area to let your wife out… bro you are guilty.

  • SpicyStew on 22/08/2024 - 08:58

    its a minor traffic offence nobody got hurt
    in other words, a waste of courts time.

    instead of wasting time at court
    use the time to make your money back.

    imagine this coming from a 35yo

  • stuffandthat on 22/08/2024 - 09:27
    +1

    Never plead guilty. Never admit guilt.

  • JimmyF on 22/08/2024 - 09:27

    as I stopped for pedestrian who was crossing the road.

    Got a google map view of the street?

    Did you pull over to the side of the road to 'stop' or stay in the lane?

  • trapper on 22/08/2024 - 11:04

    What is the point in going to court just to plead guilty? You will then pay the fine plus court costs.

    So either pay fine and forget about this, or go to court and make your case - that you are not guilty.

    You were forced to stop because the road was obstructed by a pedestrian. Seems like a reasonable argument, if you can demonstrate this.

    Also: This is a traffic infringement, not a crime. So you won't get any criminal record.

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