got a $143 fine

[GT323]

so yesterday i was driving in a 2 laned road were usually cars park on the left lane, and this mirage infront of me was slowing down and had there blinker on right , so i indicated left and overtook him and wen i look in my rearview mirror i see cops lights flashing, got done for overtaking on the left side, is there anyway of escaping that coz the mirage didnt end up turning so thats probs why the cops pulled me over?

[GT323]

i also lost 2 demerit points which i care about not the money :(

[derb]

Just choose the 'take it to court' option on the ticket/fine, wait for your day in court and explain your situation. Cops assume you won't be bothered to fight your fines, especially if you're employed full time.

[GT323]

arnt the court fees just gonna be to much anyways?

[derb]

Court fees? I disputed a speeding fine that would have made me lose my license [was on a 1 point good driving bond] and i can't remember paying anyone. I just got a date, showed up, pled my case and got off.

[70NYD]

This is from qld law
(1) A driver (except the rider of a bicycle) must not overtake a vehicle to the left of the vehicle unless—
(a) the driver is driving on a multi-lane road and the vehicle
can be safely overtaken in a marked lane to the left of the vehicle; or
(b) the vehicle is turning right, or making a U–turn from the centre of the road, and is giving a right change of direction signal; or
(c) the vehicle is stationary and can be safely overtaken to the left of the vehicle.
Have a read of nsw one ;)

[bourbon]

as long as the speed limit is under 80km/h its not mandatory to keep left so technically driving in the left hand lane doing the speed limit while someone in the right hand lane doing under the speed limit is no issue...

[Cosmo Dude]

In Vic if there are clearly marked lanes then you can pass on the left, if not then it's illegal. Dunno 'bout NSW though.
You don't have to go to court if the officer made a mistake, the police can withdraw the ticket.
Take a pic of the streach of road showing the marked lanes and send it in with your dispute. If you're right then you should be home clear.

[Orion]

as long as the speed limit is 80km/h or under its not mandatory to keep left so technically driving in the left hand lane doing the speed limit while someone in the right hand lane doing under the speed limit is no issue...

Fixed ;)

[phunkdust]

Wish it was anything over 60 it was mandatory to keep left, and then start fining ****ers. :mad: Oh look it's another old fart in a mercedes in the right lane doing 15 under!

[rodhog]

Here is the first thing - A was it HIGHWAY PATROL

HIGHWAY PATROL IN NSW will have VIDEO Evidence. Either in your favour OR not.

IF not take it to court but do be prepaired if you fail to pay additional fees

but if its a local area command car and AS YOU STATE at tow lane road . - take photos before court - show it's MARK as a two lane road.

Then they have no right for you to complain -regardless of you overtaking in the left or not.

I've done it pulled over told or aksed why I said why it's two lane road. He then said I was speeding - which I WAS NOT. I moved to the left because the dude was in a 70 zone doing 60. I paseed doing 70. TOTALLY LEGAL. In fact in NSW now any road sign posted 80km/h or above you must STICK left unless overtaking OR you are making a right hand turn with IN one 1KM. That is the technical road rule.

[rodhog]

You don't have to go to court if the officer made a mistake, the police can withdraw the ticket.
Take a pic of the streach of road showing the marked lanes and send it in with your dispute. If you're right then you should be home clear.

Not in NSW, unless it comes from the actual police LCA commander. He is the only one who can withdraw before it goes to the Infringment bureuo or crap like that. I've had them chase me sherrifs etc looking for things but at time offically owned NOTHING. Best thing when oyu don't work don't claim centrelink and have nothing to YOUR NAME AT ALL. At time I had no bank account at all- at least in Australia .

but yes there is an option to go to that local area command station put in wrtten letter of compalint - easy if you have a solicitor in family -they take it seriously but going down or sending in. They just go through process.

[GT323]

i got pictures of the road if you guys wanna see but how can i upload pics from my desktop to here??

[mikey_something]

Upload to photobuxket then put [ img] photo link [ /img]

Also are you guys sure about the mandatory being 80?
My sister is on her Ls and I was almos certain it says 60 or under it's not mandatory. I could be wrong.
This is NSW btw

[mynameisdaniel]

It's 80 and over in SA, they put signs on all the roads that are 80 too, clearly reading "Keep left unless overtaking" but it's never been enforced here, so we're stuck with idiots doing 60 in the right hand lane wondering if they have to turn right 2km further down the road or 4km...

[GT323]

This is the road it happened on

http://i953.photobucket.com/albums/ae17/GT43_2009/sptkk.jpg

[GT323]

LOL this is wat happened just tryna show example DONT LAUGH AT MY DRAWING!! :D

http://i953.photobucket.com/albums/ae17/GT43_2009/ththththhhh.jpg

[project.r.racing]

i dont see any lines in the 2nd pics indicating 2 lanes?

anywayz - the laws state you are able to go around a turning vehicle safely. indicator on = turning.

[70NYD]

Looks like the road is being resurfaced?

[mikey_something]

first picture shows lane markings, i would use first picture as any evidence...

[70NYD]

Oh go take a proper photo.. Don't use google

[A.E]

They technically should of fined the other guy

Under NSW law (please correct me if I'm wrong) it is illegal to misuse you indicators. As above the guy was in the right lane with his right blinker on slowing to go right, than pulled out of the move and kept going straight. He could of been the one being pulled over.

But I could be totally wrong

And my understanding is if it's not a marked freeway than you can overtake in any lane.

[rodhog]

They technically should of fined the other guy

Under NSW law (please correct me if I'm wrong) it is illegal to misuse you indicators. As above the guy was in the right lane with his right blinker on slowing to go right, than pulled out of the move and kept going straight. He could of been the one being pulled over.

But I could be totally wrong

And my understanding is if it's not a marked freeway than you can overtake in any lane.

No quite

The USE OF INDICATORS - ARE TO BE USED AS A DEVICE OF INTENTION - that's the line in the LAW.
Solicitors use it. What it means is YOU MUST use them if you Intend to Make a change.
The other part of the Law is If you change your original intention you must cancel them When or if appropreate.
Big loop holes to get out of.

It's for this reason - You can't change you intention or desire to Not turn RIGHT OR LEFT in a MARK LEFT OR RIGHT LANE AKA - MUST TURN LEFT OR RIGHT LANE.
It also has a clause for Roundabouts etc which all come back to you must continue on your desired intention untill it's Safe to change direction or go in another "ADVISING YOUR INTENTION" that line gets people off on Lane changing from a left only right only turn lane- Loop hole.
This is why when someone changes their mind it's Legal as long as Technically i think it was held up They HAD STOPPED. I know it involved an accident where tow into 1 lane both cars drove into each other - 1 defended his rights because he had no insurance. The Law stated the oen who had shown INTENTION to turn right had stopepd and should have continued but sighted both drivers at fault for not checking blinds spots.
Both paied for court - or at least the one with out insurance. The other guy he's my accoutant. He got a new merc

IT Is not considered overtaking according to certain laws below 80km/h in NSW. If a road has two or more lanes below 80km/h going in one or the other it's not a requiement to keep left at speed limit. As aparently all virchles should be able to achvied a 60km/h - was 60 I think it's 50km/h now. It's actually undertaking - IF YOU SPEED.
if on freeway car in right is doing legal limit but you want faster so you use the left lane - it's undertaking if you go past above the speed limit.
IF you go past at the speed limit it'a not.
Just remember that peice. I've used that on cops heaps of times on country roads.

You need current photos of the road with photo dated. Even better if you show a photo of the section of road with device showing the date. As some of the police solicitors can really pull out little things. Oh if you do got ot court don't wait to take photo's either the longer the difference of date. They can claim it was NOT LIKE THAT. OR road markers were no clear. All sorts of tricks. Not commonly used by the cops but just in general road accident cases.

But if you are saying what you are saying and they fined you only that. They must of wanted you for something else - speeding but no radar could not prove - Your car has big wheels - too much hassle. It's such a silly fine. The more I look at it, it's police harrasment you might of brought on your self. I mean $140 odd dolalr fine. I would of ripped it up in front of the cop and said I'll wait till it's $1000 THEN IT'S WORTH IT. Easy for me to say but I know they love to give young people sometimes fines because they dont' like to see young P-platers in cars with loud music or exhuasts driving around. Especially Kindergarden Country Bumbkin cop who is just Learning the city beat and trade.

I don't know I wan't their but it's just my experience. Even these days when I get pulled over - I know I'm safe as because I'm non threataning in ANYCAR.

[GT323]

yea the music was loud and when the pulled me over they said nothing about overtaking all they asked was my speed, and wen they came back i got the overtaking on left ticket, do you think if i go to court i can get out of it?

[rodhog]

In theroy you should but ? it also depends if it's worth it.

Like you have minimal points it will hurt you licence and Job YEs.

If it has min impact like 2 points got another 11 and it's cheapest option pay it and get on with it. This it might be worth forgetting.

but do remember if you change insurance companys etc they ask you these things it can effect premiums etc.

So fighting it can be worth it.

on thing to add

Do remember any fines or ISSUES with police will always come up if you end up in court for any under related driving matter.
I was in court a few years back over some AVO's and few other issues. the Police had my INcidents with them against me up on a list. Now in most cases they don't come up often only recent stuff so after 3 years it's gone. But sometimes they will come up and use them agaisnt you. Even your EX wife- defacto what ever will see this and can use it against you.

[Cosmo Dude]

If you're reply to the fine shows that there are two lanes clearly marked it most likely won't go to court. Qld police want to pay court costs about as much as you do.
No one hear though can give you a guarentee what will happen except the longer you do nothing the more likely you'll miss the due date and end up in court anyway.

[project.r.racing]

Agreed - Hurry up and do something about it. I would be puting in writing that you know the fine is bogus and the reasons why.

[John Doe]

So were there 2 distinct, and marked lanes, or not?

If not, you can;t overtake on the inside and will have to cop it sweet.

[project.r.racing]

That is incorrect.

By law you are able to cross a solid line to go around a vehicle in front as long as that vehicle in front is turning right. (Well in QLD anywayz, other states may differ).

If they ain't turning right, then it is deemed an illegal undertake.

In this case:-
1. The police say it was an illegal undertake cos the vehicle in front didn't turn.
2. The OP says it was not illegal undertake cos the vehicle in front has his indicators on and was slowing down, but then failed to turn in the end.

If no.2 is the case, then it is now it is up to the OP to prove in writing that this is what happened and supply this evidence to the correct authorities.