Red Light Cameras – s 56 Road Rules 2014
Faced with a red light camera offence can result in large fines, loss of demerit points which can then cause a licence suspension effecting your work and family commitments.
Our lawyers are one of Australia’s leading traffic lawyers with over 20 years experience. They have successfully proven their clients innocence in court, and convinced courts to grant a s10 to avoid the loss of demerit points and fines on countless occasions over the years. Speak to them now for a guarantee to maximise your chances at this.
Your Options in Court
PLEADING NOT GUILTY
You can only be guilty of not stopping at a red traffic light or arrow if police can prove each of the following beyond a reasonable doubt in court:
- You drove a vehicle; and
- You approached a red traffic light; and
- You failed to stop before that traffic light, or failed to stop behind the stop line or behind the red signal sign near the traffic light.
You will be not guilty, and your charge dismissed if any one or more of the above 3 elements are not proven by police.
Defences to this charge
You are Not Guilty if:
- You were not the driver of the vehicle
- The red light camera detector was not calibrated within the required time
- The traffic light was still yellow at the time you passed the lights
- Duress or Necessity: Where you drove through red lights to avoid serious harm, or you did it due to duress or threat.
- Your actions were involuntary due to a mental illness or condition you suffered at the time.
- Honest mistake of fact: Where you honestly believed you drove past yellow lights, and it was reasonable for you to have held that belief in the circumstances.
Your red light charge will be dismissed if any one of the above defences to this offence apply to you. Speak to our leading senior traffic lawyers now for identifying your defence, and strengthening it early to then negotiate to have it dropped early.
If you decide to plead guilty to a red light offence, see the below critical tips and information on how to ensure you maximise you chances at avoiding the loss of demerit points and fine (to get a s10 non conviction) in court:
25% Discount on punishment
You will receive a lighter penalty, better chances of getting a s10 to avoid demerit points, if a plea of guilty to driving through a red light camera is entered at the earliest time in court.
This occurs because the Judge will give you an automatic 25% discount on penalty. However, the later a plea of guilty is entered in court, the smaller that discount gets. Speak to a traffic law expert early enough to ensure you don’t miss out on this.
Traffic offenders program
Your penalty by the Judge can be significantly reduced, with better chances at a section 10 to avoid losing demerit points by completing the traffic offenders program.
Our specialist traffic lawyers have lectured in these programs over the years, and will guide you into enrolling into the best accredited course, recognised by the Courts.
Good character references
Another excellent way to further convince the Judge to give you a lighter outcome is by gathering well drafted letters from family, friends, charity, work, and apology letter from you.
For best chances to avoid losing any demerit points, the letters should express your good character, need for a licence, effect of the loss of demerit points on your job and family, your remorse, insight and shame. Our traffic lawyers can guide you to ensure its done properly.
Negotiate to drop charges
Our traffic lawyers have successfully convinced police to drop red light camera charges countless times for over 20 years. The best way to achieve this is by carefully analysing the police evidence and picking out all holes in it to police when negotiating.
Speak to one of our traffic lawyers to maximise your chances at achieving this.
The police set of facts is a document initially drafted by police, then read by the Judge expressing the details of your offending conduct. As its drafted by police, it can often appear one sided which can result in a heavier penalty.
Our experienced traffic lawyers hold a proven track record in successfully changing those facts to reflect the truth, putting you in a better light when read by the Judge. This often results in a much better result. For best chances at achieving this, its critical to be able to pick out the holes in the police evidence when negotiating with police.
Getting a court report from an experienced psychiatrist or psychologist can drastically improve your court result to avoid the loss of demerit points if done properly.
To secure the best chances at this in your case, the report should comment on your explanation for offending, remorse, insight, shame and whether you were suffering a mental illness or condition such as depression at the time. Our traffic lawyers will guide you to one of the best psychiatrists or psychiatrists who specialise in these reports.
Penalties for not stopping at red lights and stop signs results in the loss of 3 demerit points and $433 fine. Incurring enough demerit points will result in a licence suspension. However, you will not loose demerit points or a fine if the Judge gives you a s10 even after pleading guilty.
Types of punishment
The Judge can give you any one of the following kinds of penalties for a red light camera offence, depending on how you prepare and present your case:
- Section 10 non conviction
- Conviction, fine and loss of demerit points
For the best way to avoid losing demerit points and getting a fine for a red light offence, speak to a highly experienced traffic lawyer now for realistic and practical advice, thorough preparation and powerful presentation in court. Our senior traffic experts are one of the best in NSW, with a proven track record of achieving s10’s for countless clients over 20 years.