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Queensland Traffic Law Go To Court Lawyers expert wins difficult traffic case

Go To Court Lawyers expert wins difficult traffic case

Updated on Jul 22, 2022 2 min read 382 views Copy Link

Carl Paterson Finch

Published in Feb 26, 2016 Updated on Jul 22, 2022 2 min read 382 views

Go To Court Lawyers expert wins difficult traffic case

Extraordinary emergency defence successful in traffic law case

Ali Rana, Solicitor, SalisburyOne of Go To Court Lawyers’ expert solicitors, Ali Rana, has today won a difficult Queensland traffic law case by successfully arguing for an extension to the usual application of a general criminal law defence, extraordinary emergency.

Mr Rana’s client had been charged with driving through a red light, a charge which, according to Mr Rana, is notoriously difficult to defend as the photographs are generally considered conclusive of guilt. The driver had initially pulled into a right-turn lane at an intersection but soon realised it was the incorrect route. Consequently, the driver pulled back into the lane travelling straight ahead, but was forced to drive through the red light to avoid colliding with another vehicle.

In his client’s defence, Mr Rana argued the charge on two grounds:

  1. that the construction of the traffic law offence provision was flawed, or
  2. that it was a case of extraordinary emergency (under section 25 of the Criminal Code).

The presiding Magistrate found it unnecessary to rule on the first ground. The second ground was, according to Mr Rana, always going to be a difficult argument as the defence of extraordinary emergency has historically been restricted to cases of duress or medical emergency. However, Mr Rana was able to convince the Magistrate that this was a case to which the defence applied, resulting in the dismissal of the charge for his client.

Congratulations to Mr Rana and his client on the triumph, and to Mr Rana on his as yet unblemished trial record.

The defence of extraordinary emergency has historically been restricted to cases of duress or medical emergency.

If you or someone you know is facing a traffic law issue, you should seek legal advice quickly.

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Published in

Feb 26, 2016

Carl Paterson Finch

Senior Associate - Armstrong Legal

Carl Finch undertook his Bachelor of Laws at Monash University before moving on to complete a Graduate Diploma in Legal Practice at Leo Cussen Centre For Law, where he also completed an Advocacy Program. Carl practices predominantly in family law and civil law as well as criminal law and understands the different challenges his clients face in each area. Carl has a passion for developing practical solutions to his client’s problems in order to achieve real-world outcomes. He prides himself on thinking outside of the box when it comes to finding solutions to intractable legal problems.
Home Queensland Traffic Law Go To Court Lawyers expert wins difficult traffic case

Carl Paterson Finch

Senior Associate - Armstrong Legal

Carl Finch undertook his Bachelor of Laws at Monash University before moving on to complete a Graduate Diploma in Legal Practice at Leo Cussen Centre For Law, where he also completed an Advocacy Program. Carl practices predominantly in family law and civil law as well as criminal law and understands the different challenges his clients face in each area. Carl has a passion for developing practical solutions to his client’s problems in order to achieve real-world outcomes. He prides himself on thinking outside of the box when it comes to finding solutions to intractable legal problems.

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