Fined for Turning Right at No Right Turn Sign in Medical Emergency (NSW)

Hi everyone, as we were driving on a main road, our 10 month old baby started choking.

Distressed and needing to urgently attend to the baby, I turned right at a traffic light (on green turning arrow) into the entrance of an abandoned construction site and turned on the hazard lights. However, there was a "No Right Turn" sign (despite the green traffic light permitting the right turn).

I have dashcam footage with audio where my wife and I have stated "my son was choking". The police officer responded by saying you're close to home (we were a 5 minute drive from home). I then responded saying "do you want me to allow the baby to choke for that long". The officer responded "Hell no…". The cop was totally arrogant and ignored anything we had a to say. It's clear that no reasonable person would turn into the entrance of a construction site but for an emergency.

I've now been fined for disobeying NSW Roads Rule 91(2).

I would appreciate any suggestions or tips.

Many thanks,
Sand.

Comments

    • +13

      Easy for you to judge from your couch/bed/toilet.. but yeah no parent would continue driving casually while their baby is choking even if the other parent was a doctor! In such situations, people don't have time to analyse and come up with the most rational action.

      • -6

        If you say so as the all knowing judge and jury projecting your own situation onto others like judging from your high and mighty couch/toilet/basement!

        I have and did, kid was fine, passenger that leaped the console couldn't do anything but pat the kids back …

        • +1

          And you also likely broke the law twice by having an unsrestrained passenger and driving while distracted. Unsure how this constitutes advice?

          • @johnno07: Read the thread again, there was already an adult in the back …

            How does two unqualified adults help in this situation when the one in the back couldn't?!?

            Unsure how any of your post is advice either ;)

            • @7ekn00: In my defense, I hasn't seen the clarification below from the OP that his partner was already in the back - which changes their situation (and IMO definitely doesn't warrant anything other than calmly pulling over to the left when able). Though I'm still not convinced that having a passenger unbelt and clamber through the car is the better option than an illegal right turn.

      • This is so counter intuitive!
        Then dont drive if you cant do it rationally!

        A car is a weapon, whats worse than 1 perosn dying?
        Multiple people dying

    • Send the non driver over the console into the back seat to attend the issue and keep driving or pull over to the left :/

      And what happens when there's an accident and the parent dies because they don't have their seatbelt on?

    • Put your thinking cap on. The advice is 5 back blows as the first step for an infant under 1 years old, while holding them facing the floor supported by your arm. So the first step in a car is to get them out of the car seat. In my car that is easier to do that while reaching through the car than while seated in the car. In either case the whole action is easier to do outside the car. More so if you have a small car.

  • +21

    POST THE DAMN DASHCAM VIDEO ALREADY

    • +3

      We can only hope and dream.

      As we all know, its rare to see anyone that tantalises Ozbargain forums with alleged footage of an incident actually post the video later if its not in the original post.

    • +2

      We know how it unfolds….. OP turns right, sees flashing lights, screams the baby is choking, and pulls overs.

    • +1

      I do have the whole event on dash cam. How can I upload photos and vids to OB?

      • +3

        to youtube. then link

        • +1

          Cnr of Schofields Road & The Ponds Boulevarde
          Google maps reference: -33.69242, 150.9138
          Streetview: 33°41'32.7"S 150°54'49.7"E

          We were traveling down Schofields Road and turned right at the traffic light into the entrance of an empty construction site and parked there with the hazard lights on.

          • +2

            @BuBerryCo: I see it. The light was green so there was hardly any danger to the public. So yes you turned into what is basically a dead end, and yes technically you did a no right turn. I think the cop should have found something better to do than to harass distressed parents.
            A fine is used to prevent someone doing it again but you were hardly doing it for fun. It's not like you're going around looking for no right turns with green lights and turning on them.

            • +1

              @furyou: Thank you. Yes we basically entered a dead area (state construction site entrance).

              At the time pulling and parking in an empty area at the time seemed safer than stopping in the middle of the road (which appears to be what the law according to Reg 165 suggests doing.

              https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/con…

              • +1

                @BuBerryCo: well now I know if I have an emergency I'll stop right in the middle of the highway hopefully across a few lanes

  • +2

    Hope your child is ok now. Can certainly take it to court, plead guilty but ask for the fine to be waived.

    Need to work on your story though. The parts you left out need to be filled in. How serious was the situation and could you not have pulled over after the lights when turning left? After the police pulled you over, was the baby fine as you seemed fine to speak with the police officer etc etc

    Personally I would just cop it on the chin knowing my child is ok and be better prepared next time

    • And how would you say they should be 'better prepared next time '?

      • OP only provided very limited info so don’t know if the partner was sitting in the back seat or fog passenger. Also work out why baby was choking.

        Millions of other people around the world can do it

        • My partner was in the back seat with the baby. She wanted me to pull over so she can attend to the baby

          • @BuBerryCo: In what way? Take the baby out of its restraint? Did she do that?

          • +8

            @BuBerryCo: Hang on, your wife was already in the back seat next to the baby?

            Was there a reason you couldn’t pull over to the left?

            • -1

              @Inertia-g: If the wife was already in the back how could she not be attending the infant? (Unless OP drives an H1). I think OP will struggle to get a waiver with a Magistrate. Pull over when immediately safe to do so without breaking any road rules and assist your wife.

          • +1

            @BuBerryCo: Oh lol - this changes things.

  • -1

    D***head police officer. Make a formal complaint ASAP so you get in first. I have no idea how you make a formal complaint.

    Hope your child and the family are back to good health. I would also do the same for my child and so would 99.9999999% of other parents.

    • +6

      How do you known when you weren’t there and relying solely on OP’s version of events?

      • -2

        True.. I am going to wait to hear from the cop personally before I express my opinion. Fingers crossed he is on ozbargain.

  • +4

    The cop was totally arrogant and ignored anything we had a to say.

    That's because he had to deal with the food poising guy - Contesting Parking in Disabled Spot Fine

  • +1

    Many thanks everyone for the comments and suggestions! I'll wait for the fine to come through and will contest it.

    I do have dash cam footage of the discussion with the cop.

    Will you keep you guys updated.

    • I'll wait for the fine to come through and will contest it.

      In the OP above, you said:

      I've now been fined for disobeying NSW Roads Rule 91(2).

      Have you actually got a fine?

    • +2

      I do have dash cam footage of the discussion with the cop

      But not the footage that proves the baby was choking? That might make things harder for you in the court.

      • "I have dashcam footage with audio where my wife and I have stated "my son was choking"."

        • +7

          "was"

        • +1

          "I have dashcam footage with audio where my wife and I have stated "my son was choking"."

          Great, could we have a look at that?

  • If you have a good driving history(with at least 10 years clear record), you can ask for leniency and most of the time your charge will be turn into a warning instead.

    • +1

      Nah.. i'd take this one to court and shame the unsympathetic cop who cared about his KPI rather than the wellbeing of a baby. Hopefully, that'll embarrass him enough to become a more decent cop in the future.

      • usually before it gets to that stage you have a chance to appeal and get it dropped. I understand wanting to have the cop get thir comeuppance - but i'd rather not roll the dice on a disgreeable magistrate, and getting a fine plus any costs. Take the early W even if it isn't a crushing W

  • +11

    At the end of the day OP, you aren't an ambo with flashing lights and sirens so your rights to safely disobey road rules is non-existent. I can't help but feel that had you obeyed said road rules then the cops intervention wouldn't have been necessary, thus you would have got to the hospital a lot sooner (Which in an emergency can be the difference between life and death). That said, I do understand the importance of getting to the hospital as soon as humanly possible but it needs to be done logically and safely.

    @brad1-8tsi does bring-up a good point regarding First-Aid related training, maybe look into that.

    Try your luck at appealing the fine, give all evidence (eg. Dashcam footage with Audio) and apply for leniency given the circumstance. Changing the fine to a warning seems appropriate as a one-time exception given the circumstances.

    Good luck.

    • +1

      I agree with you.

    • +1

      The thing is, this road rule OP broke a “rule” which has zero to do with safety. Nobody had any chance of being in danger, therefore the “broken rule” is absurd at best. It’s exactly these circumstances that officers exercise discretion. Again, hwp usually refuse to do so.

      • +1

        Nobody had any chance of being in danger, therefore the “broken rule” is absurd at best

        That could apply to just about any fine issued…. Oh I was only 5kms over the speed limit, there was no danger. I over stayed the parking time limit by 3 hours, there was no danger. I ran the red light as there was no traffic around, so no danager. I was doing 40kms over the speed limit on the highway when no one was around, no danager.

        Rules are rules, OP turned right into a street that didn't exist, hence the no right turn sign and got fined.

        • -1

          Whilst your examples may well be valid to a degree, objectively there was no danger at all. No inconvenience to anyone (as overstaying parking), was at a controlled intersection (lights indicating turn). The speeding examples can have Roos or kids or anything happen.

          This lad turned on a green light and stopped in a safe area to attend to his baby. Objectively there was no risk. “Rules are rules” is akin to “I was just following orders”. I thought we learnt from that attitude in WW2…

          • @HelpMeiCantSee:

            This lad turned on a green light and stopped in a safe area to attend to his baby. Objectively there was no risk.

            But the lad didn't need to attend to his baby, his wife was in the back seat with the kid. So while you claim no risk, there was also no urgent need to stop instantly either. The lad could have continued driving and found a safe legal spot to stop.

            https://www.ozbargain.com.au/node/824655?page=1#comment-1480…

            “Rules are rules” is akin to “I was just following orders”. I thought we learnt from that attitude in WW2…

            The problem is when people start picking and choosing which rules apply to them, like here. You have selected that the sign shouldn't apply because there is no risk. So using that view, I can run a red light if there is no traffic around, as there is no risk of being hit.

            Ignore the disabled parking sign, as there are 5 other free disabled spaces, so no risk to them not getting a spot.

            It is a slippery slope. If you have a problem with the law, then rather than ignore it, seek change.

    • +1

      At the end of the day OP, you aren't an ambo with flashing lights and sirens so your rights to safely disobey road rules is non-existent

      That depends how you look at it.

      They travelled through a controlled intersection where traffic had stopped to allow them to travel in the path indicated by the green arrow.

      Lights and sirens wouldn't have been necessary for an emergency vehicle to make the same turn

  • +8

    Was your son still chocking when the police office pulled you over, if yes the cop is a dick, if no, then it was not an emergency and you should pay the fine.

    Seems strange that between the time you broke the road rules to the time the police pulled you over the child recovered?

    • -1

      I wonder what's the kid's choking…
      Candy / food might cause real emergency.
      Saliva… Not so much.

    • +2

      ^ This is exactly what I'm wondering.

      Was the cop just standing there giving you a lecture (for how ever long) while the baby was choking?

      • -3

        I'm sure it was at least a minute or two until the cop casually stopped his car and slowly walked his fat arse to OP's window.
        No one chokes for that long except in really bad situations.

        • +2

          Your being a ridiculous panda right now!

  • -4

    I'm sorry to hear your child died because the cop stopped you getting to the hospital

  • +2

    20 years ago, my mum drove through a red light (left turn) to get me to the hospital quicker when I was vomiting blood. Appealing didn't work then either.

    • +2

      You're still here, so genuine question: was it an emergency? Because any criticalist will tell you most cases of haematemesis aren't. And given the fact the OP allegedly had time to get into a minor tiff with a cop after getting pulled over, I doubt his case was too.

      Sorry, but your car isn't an ambulance, and your mum (probably) isn't a paramedic. If every layperson is allowed to run reds every time they're worried, what's to stop every offender on Aussie Dash Cams using the excuse that they believed their passenger is having a heart attack/stroke/anaphylaxis when stopped? What's to stop hysterical parents from bulldozing the rest of us when their kid gets colic?

      Not saying there's a zero chance of the OP's fears being legitimate, but I'd bet the vast majority of people speeding to the hospital aren't. So the OP should do what others have suggested: appeal. If there's a medical history that supports them, they'd get it waived. I just want to know if the OP called 000, which could have given actually useful information, like what to look for/what to do, and offer potential solutions that don't result in him getting fined.

  • Just go to court and let the judge decide

  • It you have dashcam proof then put it on YouTube private link, politely contact the station commander with the link included and complaint that the officer was unreasonable and unhelpful in a medical emergency.

    They should withdraw the ticket, of not then contest the fine in court with simple appeal to the magistrate that it was real emergency and you have dashcam to back it up.

  • +3

    For future reference - in an emergency it is completely within the law to stop your vehicle wherever you want to deal with an emergency:
    https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/con…

    This overrides all other rules about parking and stopping. You can stop in a way that blocks all traffic and it is still legal - so long as you are dealing with a listed emergency situation.

    The rule doesn't allow you to disobey other rules in an emergency, only to be stopped.

    (This rule of course causes some issues around hospitals - cars can actually park wherever they feel like it to get someone into emergency - but do have to move the car as soon as practicable after)

    • +3

      Doesn't sound like it was an emergency - the wife was in the back seat with the baby who just had a bit of reflux.

  • In Melbourne, illegal u turns are one of the cause of accidents. They don’t realize that u turns don’t have right of way coupled with blocking rd in trying to 3 point turns.

    • In Russia, accidents are illegal.

      • +1

        In Soviet Russia, car hit you- no accident.

        • In Soviet Russia, accidents cause U turns.

    • They don’t realize that u turns don’t have right

      Nobody has ‘right of way’ that does not exist in road law, everybody has the responsibility to give way.

  • +4

    Write a letter to ask for a review/leniency of the ticket based on your proof citing Road Rule 165, stopping in an emergency situation.

    Dont deny or make any accusations against the police officer, just state it how it happened and state the conflicting road signals (sign said no, lights said yes). Send any evidence you have via a link to a video host or photos.

    They will either withdraw the ticket or tell you “no deal”

    If the tell you “no deal”, elect to go to court. There is a really high chance (unless you are a really bad driver with piss poor driving history) that a magistrate will just toss this out if it even gets that far.

    If you have proof of the conflicting road signs/lights and video with audio of you and your wife stressing and pulling over in an emergency, this is an open and shut case and the copper on the day should have seen two very stressed people and worked that out on his own and maybe just issued a verbal warning on driving safely instead of throwing a ticket at you to see if it would stick.

    • +1

      I agree with everything you say but did you copy the new detail that OPs wife was already sitting in the back attending to the child?

      As the cop witnessed the events unfold, they likely had a very good appreciation of the surrounding traffic conditions. I'm guessing the cop believes that there were alternative, safer and legal opportunities to pull over and assist his hysterical wife.

      I'm only guessing until OP uploads the evidence.

      • -1

        Having worked in emergency services for 2 decades, I reckon I’ve seen and heard most things. In my view, parents stressing about baby not sounding right/looking right is high up on the reasonable scale. Shit, parental concern is one of the criteria for emergency transport.

        Regardless of outcome, at that moment, OP believed baby was at risk. The “illegal” turn at a green arrow, putting nobody at risk was the right move to be able to attend to baby and work out next steps. 100% justified.

  • +3

    Look at it from the cops perspective. People make up all sorts of rubbish to try and get out of a fine. If your baby was fine when the cop was talking to you, then by all appearances there was no medical emergency. If you have evidence to the contrary (dash cam audio) then take it to court with your video and there's a strong likelihood that you'll either be found not guilty or proven, no conviction.

  • +1

    How many driving infringements have you had previously?

  • If you go to court, I suggest a lawyer. Magistrates don’t like people self representing and time wasting.

    • You definitely don't need a lawyer for the Magistrate's court. It'll cost you as much as the fine. Self representing is fine - just be polite, prepared, and not a d***head.

      • +5

        This is why I always get a lawyer.

        • +1

          Fair.

      • +3

        Having worked in the local courts, I’ve seen magistrates get pretty peeved when people come unprepared and not know the protocols. The cops will have their prosecutors who do literally dozens and dozens of these a day…. Likewise, with multiple cases to get through, any delays, not having any evidence appropriately prepared, etc will stack against you. But hey, throw the dice and let’s see….I’m just giving some advice.

        • Which is exactly why I said be prepared. It's a traffic infringement, not rocket science.

    • I've had the exact opposite experience. Have self represented 3 times. In each case have plead guilty with circumstances and the magistrate gave me a lecture but accepted my position. Do your research, dress properly, be respectful…no lawyer required.

  • +2

    If you can't work out how to upload an image or video could you at least give us the location so we can check out streetview to see how it matches your description.

  • +1

    Just object and let court decide. Sometimes it's worth fighting against situations like this. People are so religious about rules and stuff for all the wrong reasons.

    One of my friends had an incident with 000 call regarding a medical emergency for their child. They were about 20 minutes drive from emergency dept but the dispatcher had said wait for ambos that would take about 45-60 minutes. When my friend replied, so you'd rather let my child die here waiting for 45 minutes, than me driving for 20 minutes and get help, for which the call centre person had said "yes I'm afraid so"… They've gone to emergency and gotten medial help and child is all well now and they're chasing up the matter on dispatcher's $hitty response.

    • +3

      What was the medical emergency and how did receiving medical attention in 20 vs 45 minutes change the outcome of the child's condition? If it actually wasn't truly critically urgent, then your friends need to calm their tits. It's not a s**ty response when the operators are trained to tell people to wait at the location because of the extremely high potential for dangerous or distracted driving from highly distressed and emotional parents/patients/etc resulting in a car accident.

  • -3

    Presumably you gave the child whatever it was they were choking on?

  • Hope the OP lodges an appeal.

  • +1

    It is not in your interests to fight the fine to be honest. It is going to cost you a lot of time and money, regardless of whether you take the route of requesting a review from Revenue NSW or taking the matter directly to court.

    If you decide to start with a preliminary appeal to Revenue NSW, it will usually fail because the public service servants follow the general rules about strict liability, in that it does not matter that you did not know the law or do not feel the law is just, and usually only overturn fines where you clearly did not break the rule. Note if you choose to appeal via Revenue NSW first because it is effectively free, what you write in your appeal can be used against you in court.

    If you take it to the courts, either after losing the preliminary appeal or as an action that originates, you are mostly relying on a reduction of the fine as it will unlikely be thrown out completely as you could have just stopped in the middle of the road instead and turned on your hazard lights.

    Overall, even if you got penalised the maximum penalty units, you will likely not even recover that after paying legal fees. Unless someone here wants to take on his case pro-bono… However, there is no guarantee that you will get a reduced fine. It all depends on the mood of the judge.

    The best scenario would be a reduction in the fine. If you lose then you might even have to pay costs, which is when you pay the legal fees of the government to defend your action, upon which they might look at whether you chose to appeal to Revenue NSW first. That is the double edged sword right there.

    This reminds me of the time I got a jaywalking fine because someone bumped me outside of the white lines whilst crossing on the green man at the pedestrian lights. You need to stay between those white lines otherwise you failed to use the crossing!!! I could have tried arguing Reg 234(1)(e) but honestly even I would interpret that part as being restricted to a road that was actually closed temporarily, not just the side of the road where a car could creep forward randomly past the white line at the traffic lights, but then I might have to argue first whether those cars are stopped and stationary, and there could be various arguments to suggest a car not in parked mode is still in motion. So I did not challenge it, plus it would have been a pain to get CCTV from the cafe at that particular intersection and it is the word of the police officer against your own. Most businesses will not help you because they fear retribution from police officers, no matter how irrational that sounds. After reading about your situation, I did not expect anything better from NSW police, especially after what we saw in covid when they were doing involved with all sorts of illegal/unethical behaviours, especially their lack of use of discretion.

    Notably I should note my fine was from a dodgy highway patrol officer, apparently he died in an accident a few months later involving a cement truck that was in the news.

    You need to work the system, not let the system work you.

    Anyway: To sum it up. It looks like a majority of comments want you to go down the route of court action, but this might not be in your best interest… Yes, it looks like you would win just by reading your facts and appealing to someone's moral compass, the vibes, the lack of discretion, but that is not the law and when you analyse your case you could very well lose.

    There are indirect costs associated with driving, unjust fines are one of them in my opinion.

    • apparently he died in an accident a few months later involving a cement truck that was in the news.

      That post turned quickly.

    • I got a jaywalking fine because someone bumped me outside of the white lines whilst crossing on the green man at the pedestrian lights.

      What? Did Superman or something that bump you that far off over the line that you got a jaywalking fine for it?

  • Just object to it. Anyone sane will rule in your favor, otherwise cop the ticket and be thankful your kid is alive.

  • What a troll post, where is the junction?

    • +1

      Cnr of Schofields Road & The Ponds Boulevarde
      Google maps reference: -33.69242, 150.9138

      We were traveling down Schofields Road and turned right at the traffic light into the entrance of an empty construction site and parked there with the hazard lights on.

  • +4

    The only thing that confuses me is why would you choose to turn right in an emergency, surely pulling to the left or just stopping would have been the sane thing to do in an emergency?

    • -3

      Thanks everyone for the comments and suggestions! I'm going to respond to Revenue NSW when the fine turns up in the mail. I'll let you know the outcome of this.

      Couldn't pull over to the left - there was only a right turn. The right turn was very deceiving. You have right arrows leading to a right turn traffic light. Just above the traffic light there's No Right Turn sign.

      I just want to address the option of stopping and walking around in the middle of a busy highway. I personally would find that very risky. What if the child is out of the capsule and another driver hits the car from behind while stationary.

  • -1

    Where we stopped - Cnr of Schofields Road & The Ponds Boulevarde (33°41'32.7"S 150°54'49.7"E)
    Google maps reference: -33.69242, 150.9138
    Streetview: 33°41'32.7"S 150°54'49.7"E

    We were traveling down Schofields Road and turned right at the traffic light into the entrance of an empty construction site and parked there with the hazard lights on.

      • Yes exactly that way. Thank you

        • -2

          So the green arrow is still functional for a U turn maneuver (there is not a 'no u turn' sign) and it's pretty clear you can't turn right. Shit move by the officer but it is what it is.

          • +12

            @Muzeeb: U-turns are illegal at NSW traffic lights unless a U-Turn permitted sign is present (which is extremely rare)

            • +1

              @howcan: This!

            • +1

              @howcan: Thanks for that. TIL. I'm Mexican and it's the opposite down here.

      • +1

        How does that work? it's been like that since 2017 according to google street view. So it's been there over 6 yrs, where there is a dedicated right turning lane and lights, but also a no right turn sign.

        As Admiral Ackbar would say….

  • challenge the fine mate. it will be tedious.

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