Went straight on green light/red arrow from turn right lane

Offences committed outside Victoria
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Joined: Fri Nov 11, 2016 1:47 pm

Went straight on green light/red arrow from turn right lane

Postby Person_Who_Drives » Fri Nov 11, 2016 2:15 pm

Sob story first: my single mother sister was rushed to emergency in the night leaving 4 unattended children at home. Our mother, who went with my sister, asked me to go and look after them. I left my home around 10.30pm (well after my bedtime). As my sister had moved to a new house relatively recently, it was dark, and I felt pretty tired, I decided to use my phone GPS to guide me. It took me a different way to how I usually go and this resulted in a wait at a right turn red light. I waited through what appeared to be one entire rotation of the lights with no change to the red arrow.

Anxious about my sister and that my four nieces and nephews were alone at home late at night unattended and concerned for their mother, I waited until the forward light was green, then I checked for other cars, used my indicator and drove forward into the empty intersection. From reading posts on this forum and information on other traffic infringement advice sites I understand that when in a turn right lane one must only turn right - however if the red arrow does not change to green, is there an exemption? I expect I could have reversed and then driven forward, but this seems like the less safe option to me - and by NOT illegally turning on the red arrow I was trying to do the right thing. There were no other cars on the road or intersection at the time.

I will not apply for an internal review as it seems likely to be automatically refused, and could work against me if this goes to court. I have never had a red light offence before and had my first demerit points for speeding earlier this year (it's just not my year on the road, but I'm alive so there's that). Is the onus on me to prove the arrow did not change? If that is the case, does anyone know how I might go about that? The fine is $200 and I'd be willing to rep myself in court if knowledgeable people think my case has a chance, otherwise I'll just suck it up and pay the fine.

I have read through many, many other posts on this forum and it seems others have had something like this happen but no one has posted whether they were successful in contesting it or not, and if so how they went about it. I'm in WA, would appreciate any useful feedback or guidance on the smartest way to approach this - especially from Sean Hardy!

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W.A. Went straight on green light/red arrow from turn right lane

Postby Hardy » Sat Nov 12, 2016 10:33 am

In Victoria you would not have got a ticket.
You need to check the regulations in Western Australia to see if the offence is committed by a driver who is not turning in the direction of the arrow.
Also, I have no idea what the internal review process is in WA, so I can not comment on whether it is useful or not.

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