QLD Conviction for a Minor Traffic Infringement Notice?

[tinned]

I appeared in court this morning to contest a photographic "Failure to Stop at a Red Light" traffic infringement notice. I won't go into the circumstances of why I was contesting the fine, but felt I had sufficient evidence to plead not guilty.

Long story short, I discussed the evidence with the prosecutor before entering. She was going to initially hold the charge, but after explaining my defense, she decided to offer me the reduced charge of crossing a marked, continues lane instead. I was happy to take the lesser charge as this is a non-demerit point infraction and the fine was 1/4 if the Red Light infringement.

I pleaded guilty to the lesser charge and the judge issued me the fine and proceeded to record a conviction. I didn't think minor traffic infractions are recorded as convictions? Was a conviction recorded because I contested the original fine and thus any rulings in court attract a conviction?

I was under the assumption that only serious traffic crimes attract a conviction (drunk driving, reckless endangerment, driving while suspended, etc).

I've gone back to court to get recorded convictions overturned in the past. Magistrates often have a knee-jerk reaction to record a conviction if there's a history of driving offenses without hearing a defense to the matter.

 

[Lance]

Hi,

My understanding is that it's at the courts discretion to record a conviction against minor offences. The only way to avoid the conviction being recorded in this instance would have been to make a submission to the court at the time of sentancing.

You might want to get some formal legal advice, to see if you have any other course of action.

 

[Jermy]

Hi,

Not knowing your circumstances, it is hard to give a good answer.

I am in NSW. I had a red light infringement which I got off (not as ever happened) because I stopped (complete stop) before the 3rd white line on the road and it was raining and I am riding a scooter. The Judge saw the video to ensure that I came to a complete stop. During that day in court I saw many people disputing red light infringements, and none got off. Crossing a red light is a serious offense.

I, personally, will never ever cross a red light intentionally, no matter what circumstances, even late at night when I am sure that the roads are empty.

So to answer your question, red light is a serious offense and count yourself lucky that the judge gave you that reduced amount. The reason why red light is a serious offense as it may cause to human suffering or death. I am not a lawyer but that is my personal analysis.

Good luck next time.

 

[tinned]

Hi,

Not knowing your circumstances, it is hard to give a good answer.

I am in NSW. I had a red light infringement which I got off (not as ever happened) because I stopped (complete stop) before the 3rd white line on the road and it was raining and I am riding a scooter. The Judge saw the video to ensure that I came to a complete stop. During that day in court I saw many people disputing red light infringements, and none got off. Crossing a red light is a serious offense.

I, personally, will never ever cross a red light intentionally, no matter what circumstances, even late at night when I am sure that the roads are empty.

So to answer your question, red light is a serious offense and count yourself lucky that the judge gave you that reduced amount. The reason why red light is a serious offense as it may cause to human suffering or death. I am not a lawyer but that is my personal analysis.

Good luck next time.

Thank for the explanation, but I didn't get any consideration from the judge. As I explained, the prosecutor negotiated a lesser charge with me. All I had to do was plead guilty in front of the magistrate. What the prosecutor didn't mention was that I'd get a recorded conviction, or maybe she didn't realise the judge would give me one. The lessor charge (crossing an un-broken lane) is the most minor of traffic infractions and would never attract a conviction. The judge gave me the conviction and I never gave a defense because the prosecutor assured me of the simple downgrade to the lessor charge.

BTW - A red light infringement is not a serious charge. It's still a minor infraction in QLD (3 demerit points) and it's only a major charge if your offence causes a serious accident.

I understand you're not a lawyer.

 

[tinned]

Hi,

My understanding is that it's at the courts discretion to record a conviction against minor offences. The only way to avoid the conviction being recorded in this instance would have been to make a submission to the court at the time of sentancing.

You might want to get some formal legal advice, to see if you have any other course of action.

You literally don't get a chance to make a submission. You have the option to make a defense or explanatory statement before sentencing. Obviously I didn't make any submission, as I was pleading guilty to a lesser charge and I didn't need to defend the charge, although in retrospect, I should have continued with my driving history defense (apply reasonable context). I didn't know I was going to get a recorded conviction. Hindsight!

You don't get a chance at making a submission after sentencing because the sentencing is applied via the magistrates discretion based on the facts, your history, the defense and the prosecutor's recommendations. Submissions aren't allowed after sentencing because it's non-negotiable, unless you wish to appeal the sentence through the courts at another date.

I don't' want to be critical, because I did come here for help, but both these replies have given inaccurate opinions. Appreciate you taking the time to respond anyway, Lance.