Aussie driver wins battle over $494 fine because of technicality

A driver who claimed she was wrongly handed a $494 fine for running a red light has won a battle to overturn the penalty because of a technicality. 

Dalrene Pompeus, 79, checked her mailbox in February and discovered a letter that claimed she had run a red light at Parkville, in Melbourne's north, on November 22.

Ms Pompeus said the light was green at the intersection of Cemetery Road West and Royal Parade, rubbishing claims she crossed 1.8 seconds after the light turned red.

Her dashboard camera had automatically wiped and rewritten the footage as too much time had elapsed since the date in question.

Ms Pompeus attempted to fight the fine after she was provided with a photo from the incident - which appeared to show a green light and not a red light.

Her initial attempts to overturn the fine were rejected before they were finally dropped because of a technicality surrounding the evidence provided to her.

Victoria Police revealed the issue stemmed from a reflection of the sun.

'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 spokesman said.




A 'sun reflection issue' in the evidence supplied to a pensioner meant authorities had to retract a red light fine

'The issue relates to sun reflection at particular times of the day, which may affect the image provided,' Victoria Police said.

Ms Pompeus initially penned a letter pleading for her fine to be overturned, Yahoo reported.

'Having had no previous infringements or penalties, I would be grateful if you reconsider and revoke this fine,' she wrote.

'I am a pensioner and this fine is almost equal to my pension.'

Her letter was rejected and Ms Pompeus was forced to start paying off the fine in instalments.

'I have reviewed the decision to serve an Infringement Notice,' a letter from Victoria Police read.

'I am satisfied that the alleged offence was committed and confirm that the issue of the issue of the Infringement Notice was justified.

'Your circumstances have been considered, and in this instance, this offence is considered to be a serious safety related matter.




The fine notice was retracted after authorities initially rejected the pensioner's contest

'As a result, the issue of an Official Waning Notice would not be appropriate.' 

Ms Pompeus said she only complied to pay the fine under a state of bureaucratic 'duress'.

However, the fine was later rescinded following media attention.

Authorities indicated they were operating with the Department of Justice and Community Safety - responsible for the management of road safety cameras in Victoria - in order to resolve the sunlight issue.

In the 2023-24 financial year, more than 1.3million red light tickets and speeding fines were issued in the state.

Daily Mail Australia contacted Victoria Police for comment. 


Melbourne

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