Case: False Statement By Traffic Controller Leads To Withdrawal of Culpable Driving Charges.
Our client was driving through a amber traffic light when he struck a cyclist who went through a red pedestrian crossing. The cyclist died and was found to have alcohol and drugs in his system. Police alleged that our client was speeding at over 80kmph in a 40kmph work zone. Our client denied there were any 40kph signs out. Despite police not doing their job and conducting a video walk through after the accident, they relied on a traffic controller statement that said the signs were put out and checked.
Charges/ Ch1 (Culpable Driving); Ch2 (Dangerous Driving Causing Death); Ch3 (Reckless Conduct Endangering Life); Ch4 (Reckless Conduct Endangering Serious Injury); Ch5 (Careless Driving)
Result/ Withdrawn: Ch1, 2, 3, 4
Plea Guilty: Ch5 (Careless Driving) $600 fine without conviction, no loss of licence
The prosecutor refused to believe that our client was telling the truth that no road works signs were out and despite police not having done their job. Our lawyer forensically reviewed all the CCTV footage available and found some footage that showed that there were no signs in place where the traffic management plan said they should be. The prosecutor still refused to withdraw the serious charges. We compelled the traffic controller to attend court and cross examine him on the signage. Our lawyer found more footage showing the workers putting the signs out after the accident occurred. The prosecutor had to concede that their witness had lied and agreed to resolve the case on careless driving. Our client is now considering a civil claim against the traffic control company.