http://www.themercury.com.au/article/2011/05/28/233551_scalesofjustice.html

(Thanks to http://www.aussiemotorists.com/ for the link). 

Biker slips past red light rule   MATT SMITH   |   May 28, 2011 12.01am

 
The rider's path through the intersection.

A MOTORCYCLIST has escaped a red light conviction despite taking a very unconventional approach to passing through a major northern suburbs intersection.

The 21-year-old escaped a conviction because he left the road he was travelling on via a slip road before returning to the main road moments later.

The Hobart Magistrates court heard yesterday apprentice electrician Alexander Dunn, of Montrose, was booked last August for running a red light at the intersection of Main Rd and Eady St.

Mr Dunn told the court he was having trouble with the clutch on his bike after someone had run into it earlier in the day.

The clutch was not working correctly and he was concerned stopping the bike would cause it to stall and he would not be able to start it again.

Police prosecutor Steve Harper told the court Dunn was travelling along Main Rd when the light turned red. He said Dunn turned off Main Rd via a slip road on to Eady St briefly before returning to Main Rd, instead of continuing on the slip road to a roundabout.

Mr Harper said the act resulted in Mr Dunn failing to obey a red light.

But defence lawyer Peter Griffits said his client had not broken the law because when he entered back on to Main Rd, he was facing another direction where the lights were showing green.

During the hour-long hearing, Mr Harper argued the slip road should be regarded as part of the intersection and the defence's case focused on the fact Mr Dunn had not entered back on to Main Rd when the light was red.

Magistrate Catherine Rheinberger said it may be that police could have charged Dunn with breaching other rules but she was not convinced beyond a reasonable doubt that he had broken the red light rule.
 

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