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

  • brad1-8tsi on 22/08/2024 - 12:33

    No Stopping isn't a Criminal Offence.

    In NSW you are up for $320 and NO demerit points.

    I've just been through all this with a red light camera ticket

    If you go to court and lose you'll be up for the fine plus Court Costs Levy of $85 and Victims Support Levy of $101.

    If you choose to represent yourself the Magistrate will immediately take a dislike to you because they like to keep their mates employed (personal opinion, not fact).

    If the Magistrate is having a bad day you are stuffed because it is their interpretation of the law and what they have their personal prejudices about. EG: Magistrate #1 who I observed for 2 hours didn't like mobile phone usage because she had been in 3 accidents with the other party using a mobile so if there were mobile phone fines on your record you were in trouble but driving under the influence of coke was brushed over.

    Magistrate #1 felt that 10 fines in 5 years for unlicensed driving, unregistered & uninsured motor vehicle, Low Range DUI and several speeding offences was "not too bad a record" for a guy that was 32kph over the speed limit and he got a reduced licence suspension of 4 weeks but Magistrate #2 thought that my 10 fines (all low range speeding <10kph over the limit) over a 45 year period was "a lousy driving record".

    It will also be a case of your word against the "trained professional" Ranger so unless you have a witness or dash cam evidence they won't believe you.

    All the above is why most people pay the fine and move on. It's not worth the hassle.

    • Porker on 22/08/2024 - 12:49

      Sadly true - it should all be based on the law but we're only human.

      I once had to front court and had a barrister with me. The barrister negotiated to have my case heard first thing in the morning as he quoted 'that's when the magistrate will be the happiest'

      • brad1-8tsi on 22/08/2024 - 13:20

        Yep. My magistrate (#2) was pretty cranky because he had got through his list and retired to his chambers and had to come back and take over #1's list because she was faffing about with every case and giving everyone a monologue and running way behind.

        Lesson for me was don't bother wasting your time going to court unless it's life or death.

  • Herbse on 22/08/2024 - 13:01
    +2

    Let us know how you go in court.

    You shouldn't be stopping in the middle of the road for pedestrians. Cars behind have no idea what you're doing and will assume you're pulling over or being an idiot and will drive around you and hit the pedestrian you're trying to help.

    • SuperGreen on 22/08/2024 - 19:16

      Not that I disagree, but does that mean I shouldn’t brake for pedestrians crossing the road outside designated crossings?
      I want to know who I’m legally allowed to run over.

  • UFO on 22/08/2024 - 13:44

    Going by your comments above and link you've provided (https://maps.app.goo.gl/fKv37erND1cyMXBY6?g_st=ac), you are screwed.

    You say you stopped for a pedestrian (I'm assuming there was one crossing the crossing?), but you also say you dropped your wife off.
    Unless she jumped out of a moving vehicle, I'm not sure how you can justify what you did was legal?
    You've stopped in a no stopping zone. Waiting or slowing for a pedestrian to cross the road at a marked crossing is completely different to allowing a passenger to get out of your car at the crossing.

    Now… instead of just paying for a no stopping fine as deserved, you're up for court costs and potential ramifications to insurance and other matters (they often have questions relating to attending court for traffic matters and being found guilty).

    • Barhunter89 on 22/08/2024 - 14:00

      Dropped missus in a passenger drop/pick up zone, moved slightly ahead and stopped in a no stopping zone because there was a pedestrain crossing

      Both drop zone and no stop zone are next to each other.

      • Porker on 22/08/2024 - 14:51
        +5

        You're seeking assistance but are painfully drip feeding information.

        If you've requested if Council has any photo evidence, and they have none, then that improves your chances. However, based on the replies, it might be that you haven't asked for it, but thought you did (?).

        You initially stated you asked for a review, at which point all the Council need do is look at any photos and say 'yes, we've reviewed it and the fine is being upheld'. Unless you've specifically asked for a copy of the photo, they are probably not going to volunteer it.

        If you have asked and the reply has been that no photos or videos exist, then at Court I would be asking what evidence they have to issue the infringement and that I wasn't parked in the permitted area as opposed to the non-permitted area. A simple statement that you parked legally might suffice, as the onus would then go back to Council to prove otherwise.

        Regardless, it does sound as though you're under-equipped to manage the Court scene whether a photo exists or not - sorry to say.

  • jaimex2 on 22/08/2024 - 16:55

    The lesson is you only stop for Police if they've chased you down several streets with sirens on and you're sure its you they are after.

  • dj69 on 22/08/2024 - 19:16
    -1

    Do not plead guilty. If you believe you have a valid justification then plead not guilty

    • Davo1111 on 23/08/2024 - 05:30

      OP is guilty though, and mislead us with their bs story at the start.

      I hope op takes it to court and gets additional costs.

  • apey2000 on 22/08/2024 - 22:40
    +3

    Can I just say, your story makes no sense at all.

  • payless69 on 23/08/2024 - 05:25

    Op returns soggy hamburger bought online 170m down the road.
    Op dumps missus early because she did not eat the soggy burger.
    He asked her to cross the road so he has a had to stop reason.
    Parking inspector has read her face and bought her a proper hamburger.
    Money got to come from somewhere.

  • Davo1111 on 23/08/2024 - 05:35
    +2

    Pay the fine, because you're guilty and got caught

    You should also be fined by ozbargain for deliberately misleading everyone here.

    • McFly on 23/08/2024 - 14:09

      you're guilty

      Glad you're not a judge.

      • Davo1111 on 23/08/2024 - 14:33
        +1

        me too, i wouldnt put up with the BS stories.

        OP is slowly drip feeding information here. Theres the confession - he stopped in no stopping.

        He shouldnt have been blocking a pedestrian crossing either.

  • gimme on 23/08/2024 - 10:04
    +1

    Big woop. Hardly the crime of the century. I'm pretty sure your story is only half accurate and most likely liable for a fine but you can take your chances in court and hope for the best. Worst case you'd be slapped with an additional couple of hundred. You decide

  • jonkvh on 25/08/2024 - 13:49

    Don't plead guilty, might as well have paid the fine.

    Surprised council let it go to court.

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