Author: Nyman Gibson Miralis

Parramatta Local Court

Represented by Solicitor: Nyman Gibson Miralis

Facts:

Our client received a penalty notice in the mail alleging she had stopped her vehicle on or near a pedestrian crossing. The notice had been issued by the council after a parking inspector/ranger viewed her vehicle come to a stop before a pedestrian crossing. The inspector photographed the vehicle.

The offence carries a maximum fine of $2,200 and 1 demerit point.

On the day of the alleged offence, our client was collecting her son from school. She approached the pedestrian crossing to allow pedestrians to cross. After giving way, she began to drive off. At that point, her primary school age son darted out onto the road towards her vehicle. This occurred without warning and was a highly unusual circumstance. She had no other choice but to stop to avoid a collision. Our client was frustrated that she had been penalized for exercising due caution and care.

Case Result

We, Nyman Gibson Miralis appeared for her at Parramatta Local Court in a defended hearing. Once the evidence had been presented to the court, he presented two statutory defences to the Magistrate. We urged the Magistrate to consider that his client had operated her vehicle in a safe and prudent manner and that she had no option other than to stop her vehicle.

The magistrate found our client Not Guilty. It was a significant victory for the client, who believed that the charge was inherently unfair.