Aussie pensioner wins fight over unexpected $494 fine after 'feeling of powerlessness'
- Replies 4
Navigating the roads can be challenging without the added stress of unjust fines.
For one Aussie pensioner, a battle with the authorities over a $494 red light camera fine turned into a story of perseverance and eventual triumph.
This tale highlights the importance of challenging unfair penalties and sheds light on a broader issue affecting drivers and the integrity of road safety systems.
Dalrene Pompeus, a 79-year-old Melbourne resident, received a fine in the mail for allegedly running a red light—an accusation she firmly denied.
A road camera captured the incident on 22 November last year, but the evidence provided to Dalrene was less than convincing.
The images showed a green light for straight-oncoming traffic, with no visible red light due to a sun reflection issue.
Despite her clean driving record and the unclear evidence, Dalrene's initial appeal was rejected, and she was forced to start paying the fine in instalments, a situation she described as being under 'duress.'
The situation changed when Dalrene's story caught the media's attention.
After inquiries, Victoria Police acknowledged a known issue with some fixed road safety camera images, including the one at the intersection of Cemetery Road West and Royal Parade in Parkville.
The problem was attributed to sun reflection at certain times of the day, which could compromise the clarity of the images.
'Victoria Police is aware of an issue affecting some fixed road safety camera images, including the fixed camera at the intersection of Cemetery Road West and Royal Parade, Parkville,' a statement released by the police said.
'The issue relates to sun reflection at particular times of the day, which may affect the image provided.'
They assured the public that they were working with the Department of Justice and Community Safety to rectify the issue affecting a limited number of fixed road safety cameras.
Despite claims of having access to additional images that could verify the integrity of the camera, none were provided to Dalrene during her appeal process.
The good news is that Dalrene's persistence paid off, and her fine was eventually rescinded.
Her son expressed relief but also frustration at the initial swift rejection of the review request, which left his mother feeling frustrated and powerless.
'The money aside, the feeling of powerlessness Mum felt when trying to challenge this and her mindset, being adamant of not infringing on the intersection, had her quite depressed,' he said.
'For me personally, I found it a perplexing issue for Mum where the images provided were not clear enough to support the presence of a red light—or any coloured turning lane light—and her previous request for review was immediately quashed.'
Avinash Singh from the criminal law firm Astor Legal pointed out that camera-detected fines are often not thoroughly reviewed before being issued.
'Generally, camera-detected fines are not thoroughly reviewed, if at all, before they are issued. When a person seeks a review of the fine, the images are meant to be looked at properly by the authorities; however, in my experience, this is often not done,' he explained.
'Most people are not willing, or financially able, to take these fines to court. This leads to police and the government being able to underhandedly rely on the fact that most people will not appeal a fine, to raise revenue with very little oversight.'
'It is a plainly egregious situation; however, unless people start fighting these fines, it is unlikely to change.'
Many people, he said, are either unwilling or unable to take these fines to court, leading to a lack of oversight and a potential revenue-raising tactic with minimal pushback.
As road monitoring technology becomes more prevalent across Australia, drivers must know their rights and the importance of contesting fines when there's reasonable doubt.
In the financial year 2023 to 2024, Victoria issued a significant number of red light and speeding fines, with a notable increase in red light infringements compared to the previous year.
'In 2022-23, there was a 7 per cent decrease in speeding and 27 per cent increase in red light infringements when compared to 2021-22,' their website wrote.
It's essential to review any evidence provided carefully and to seek a review if you believe the fine is unwarranted.
Remember, you have the right to challenge penalties, and as Dalrene's case shows, it can lead to a successful outcome.
Have you or someone you know been in a similar situation with road fines? We encourage you to share your experiences and any advice you may have for fellow drivers. Your story could help others navigate the complexities of road laws and ensure that justice is served on our streets.
For one Aussie pensioner, a battle with the authorities over a $494 red light camera fine turned into a story of perseverance and eventual triumph.
This tale highlights the importance of challenging unfair penalties and sheds light on a broader issue affecting drivers and the integrity of road safety systems.
Dalrene Pompeus, a 79-year-old Melbourne resident, received a fine in the mail for allegedly running a red light—an accusation she firmly denied.
A road camera captured the incident on 22 November last year, but the evidence provided to Dalrene was less than convincing.
The images showed a green light for straight-oncoming traffic, with no visible red light due to a sun reflection issue.
Aussie pensioner’s red light fine overturned due to sun glare affecting evidence. Credit: Michele Jackson / iStock
Despite her clean driving record and the unclear evidence, Dalrene's initial appeal was rejected, and she was forced to start paying the fine in instalments, a situation she described as being under 'duress.'
The situation changed when Dalrene's story caught the media's attention.
After inquiries, Victoria Police acknowledged a known issue with some fixed road safety camera images, including the one at the intersection of Cemetery Road West and Royal Parade in Parkville.
The problem was attributed to sun reflection at certain times of the day, which could compromise the clarity of the images.
'Victoria Police is aware of an issue affecting some fixed road safety camera images, including the fixed camera at the intersection of Cemetery Road West and Royal Parade, Parkville,' a statement released by the police said.
'The issue relates to sun reflection at particular times of the day, which may affect the image provided.'
They assured the public that they were working with the Department of Justice and Community Safety to rectify the issue affecting a limited number of fixed road safety cameras.
Despite claims of having access to additional images that could verify the integrity of the camera, none were provided to Dalrene during her appeal process.
The good news is that Dalrene's persistence paid off, and her fine was eventually rescinded.
Her son expressed relief but also frustration at the initial swift rejection of the review request, which left his mother feeling frustrated and powerless.
'The money aside, the feeling of powerlessness Mum felt when trying to challenge this and her mindset, being adamant of not infringing on the intersection, had her quite depressed,' he said.
'For me personally, I found it a perplexing issue for Mum where the images provided were not clear enough to support the presence of a red light—or any coloured turning lane light—and her previous request for review was immediately quashed.'
Avinash Singh from the criminal law firm Astor Legal pointed out that camera-detected fines are often not thoroughly reviewed before being issued.
'Generally, camera-detected fines are not thoroughly reviewed, if at all, before they are issued. When a person seeks a review of the fine, the images are meant to be looked at properly by the authorities; however, in my experience, this is often not done,' he explained.
'Most people are not willing, or financially able, to take these fines to court. This leads to police and the government being able to underhandedly rely on the fact that most people will not appeal a fine, to raise revenue with very little oversight.'
'It is a plainly egregious situation; however, unless people start fighting these fines, it is unlikely to change.'
Many people, he said, are either unwilling or unable to take these fines to court, leading to a lack of oversight and a potential revenue-raising tactic with minimal pushback.
As road monitoring technology becomes more prevalent across Australia, drivers must know their rights and the importance of contesting fines when there's reasonable doubt.
In the financial year 2023 to 2024, Victoria issued a significant number of red light and speeding fines, with a notable increase in red light infringements compared to the previous year.
'In 2022-23, there was a 7 per cent decrease in speeding and 27 per cent increase in red light infringements when compared to 2021-22,' their website wrote.
It's essential to review any evidence provided carefully and to seek a review if you believe the fine is unwarranted.
Remember, you have the right to challenge penalties, and as Dalrene's case shows, it can lead to a successful outcome.
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