Red light ticket - partner doesn't think he did it.

KillerWatt

Odette wrote: »

Im confused as well because there seems to be three seperate offenenses. Dangerous driving, drive without due care and attention and contravening a red light. Is this normal?

Quite standard practice.

The charge of "Dangerous" comes about because the light was contravened, although this is a very hard charge to prove so they include an automatic "back up" charge (in this case, without "due care") which is a lot easier to prove.

maninthestreet

If he was caught by a camera, the NIP may mention that there is photographic evidence. If a policeman in a car saw him drive through the red light you would have thought he would have stopped your partner.

ginnersinner

I would say probably not standard practice to include the dangerous/careless driving charges. Surely if they were alleging that contravening a red light was per se dangerous or careless, then everyone who got a red light ticket would get the other conviction too, which they don't. To prove the other offences they'll have to prove that there was something in the specific circumstances of this particular red light contravention which made it dangerous or careless.

Odette

Oh dear this really is the last thing we need. I called up the number that came with the NIP and had a chat with the person as this is totally new to us, the lady said that someone may have just called up to say this is what happened. My partner is adamant that nothing along these lines happened and we will obviously write that in the response....so what do you think will happen then? If its someone's word against ours its going to be pretty murky to prove either way?

On top of this my partner has had his license for less than a year.

Thanks for everyone's help so far btw.

Paradigm

First question... what exactly have you received from the police? Is it a NIP asking for details of the driver at the time?

Odette

Paradigm wrote: »

First question... what exactly have you received from the police? Is it a NIP asking for details of the driver at the time?

Yup, asking for name address and 'comment or explanation below if you wish'.

ginnersinner

The first thing your partner MUST do is enter his plea within the time limit stipulated on the paperwork he has received, and in the manner stipulated. There'll be a form to return somewhere, usually within 21 or 28 days. If he doesn't do that, the Police will proceed to trial in his absence. Little chats over the phone with an office worker won't change that. Once he's entered his not guilty plea, he'll be served with the evidence that the Police hold. At that stage it will be plain exactly what they are basing their allegation on - a witness/camera/Police Officers report or whatever. It will also be clear exactly what allegations he is facing. At that stage he must decide if he's going to get legal advice or try to defend himself.

Odette

You don't think it will be just a fine then?

Paradigm

Odette wrote: »

Yup, asking for name address and 'comment or explanation below if you wish'.

Ok, write to them asking for any photos to help identify the driver...if it is a camera they should send them. Don't ask for evidence!

I'm not sure what "someone may have just called up to say this is what happened." means exactly but asking for photos will narrow down any possible evidence they have.

Please note even without any photos you must supply the details of the driver within 28 days (I think) or face 6 points + large fine.. so make sure you do The actual charge can be contested later!

Paradigm

ginnersinner wrote: »

The first thing your partner MUST do is enter his plea within the time limit stipulated on the paperwork he has received, and in the manner stipulated. There'll be a form to return somewhere, usually within 21 or 28 days. If he doesn't do that, the Police will proceed to trial in his absence. Little chats over the phone with an office worker won't change that. Once he's entered his not guilty plea, he'll be served with the evidence that the Police hold. At that stage it will be plain exactly what they are basing their allegation on - a witness/camera/Police Officers report or whatever. It will also be clear exactly what allegations he is facing. At that stage he must decide if he's going to get legal advice or try to defend himself.

You're jumping the gun a little here, no need for a plea of any kind at this stage! There's plenty of time for that