The Court:
Ballarat Magistrates Court
The Charges
- Keeping to the Left of a Median Strip
The Allegations
The client was driving home from work in the afternoon when he turned left at an intersection and found his route obstructed by an unmarked police vehicle parked halfway on the road. There were other vehicles on the road, and the client followed the car in front of him and went around the police car, which meant he had to drive on the other side of the road.
The client was subsequently intercepted by the police and charged with breaching Regulation 135(1) of the Road Safety Road Rules 2017.
At Court
The client attended our office wanting representation. Our solicitor reviewed the brief of evidence, and their view was that the matter could be contested due to insufficient evidence. Our solicitor therefore summary case conferenced the matter with the prosecution to have the charges withdrawn. Despite there being no signage or traffic control personnel, the police continued to argue that the road was closed due to their presence.
The client wanted to contest this on the application of Regulation 139(2) of the Road Safety Road Rules 2017, which states that a ‘driver driving on a road with a dividing line may drive on the right side of the line to avoid an obstruction’. The matter was ultimately booked in for a contested hearing.
The Outcome
Before the contested hearing court date, discussions continued between our solicitor and the prosecution. Following these negotiations, the prosecution withdrew the charge. This was an excellent outcome for the client as he avoided any potential fines, demerit points and a record.
