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

Odette

Harry_Flashman wrote: »

Sorry m'dear but I don't know. I've never been in your particular situation. One would hope they're quick (as they're very quick to set time limits), but I'm guessing.

Thanks anyway. Found out they have up to six months to amass evidence. We've been discussing it and right now were assuming the worst and preparing for a driving ban

Yorkie1

There are several issues here.

1. Notice to identify driver - s.172 Road Traffic Act 1988. This is a notice sent to the registered keeper, informing them that there is evidence that an offence was committed at the stated time / date / place, and requiring the keeper to give details as to who was driving. There is a time limit for responding to that notice, which will be stated in the notice. Make sure that your OH does respond. It will not be sufficient simply to say he does not know. He will need to take steps to identify who other than him it might / would have been. Keep a copy of the reply and get a certificate of posting. If he fails to respond then this is an offence which carries penalty points and a fine.

2. Notice of Intended Prosecution. This is a separate document which the police have to send out within 14 days of certain alleged motoring offences, including traffic light / speeding / careless & dangerous driving IIRC. The purpose of this notice is to alert the likely driver within a short period of time of the offence that they might be prosecuted for one or more of the stated offences. Basically it is designed to make sure that the driver takes steps to remember the offence and obtain details of their own evidence before too much time has elapsed. If the notice is not sent within the 14 days then there cannot be a conviction (unless there was an accident, which is taken to be sufficient notice that a prosecution might subsequently follow!).

3. No need to enter any pleas yet as no charge / summons has been made. NB. If it's a dangerous driving allegation then OH will in all likelihood be interviewed by the police before any decision to charge with whatever offence is taken. If the police are considering careless driving then not sure about the interview, but a summons is likely to be issued with the offence and summary of the evidence. If OH wants to plead not guilty then he can do so and off it goes to trial. If it's a traffic light offence then no interview etc is likely, just a summons. Evidence very unlikely to be served at that point. Again enter a not guilty plea and the evidence will be served.

There's no point in double guessing what evidence they have at this point.

You're right that they generally have up to 6 months to bring a careless or traffic light offence. If they use summons I'd expect it to be several weeks at least before any summons paperwork is issued.

I'd consider it unlikely for him to get a driving ban just for a traffic light or careless driving offence. However, do I recall you posting that he has had his licence for less than two years? If he amasses 6 points or more (or possibly simply over 6 points?) then he will be demoted to a provisional driver and have to retake his test.

Good luck and try not to worry too much at this stage.

Odette

Thanks Yorkie1 that's really so helpful. I think most of the worry is not having the first idea about this process, the letter was very abrupt and had no explanation of why there was this allegation or what was going to happen after OH said it was him. My OH is unsure as to what he is even being charged with really. In terms of the New Driver rule, it sounds like the minimum he will get is 6 points so at this point were really going to have to consider moving.

Plan now is 1. send the form back tomorrow. 2. Call number tomorrow and see if we can get any more detail, surely they have to release some info to my OH? 3. Call back in a week to make sure they have received document.

Yorkie1

I wouldn't pin your hopes on finding too much out over the phone tomorrow, to be honest. I could be wrong but a) they're unlikely to give info out over the phone - could jeopardise any investigation, data protection etc etc, (how do they know for sure who they are talking to, your OH could be anyone?) and b) they may only be processing the documents and not have details in any event.

However, it might be worth asking if there is an officer in the case and for their details. It's more likely to be the case if there's witness evidence rather than just traffic light camera, and you can contact them if you wish.

If it's a traffic light offence only then the penalty is fixed at 3 points. Careless driving is 3 - 9 points I think. So unless OH already has points on his licence it is by no means certain that he will revert back to a provisional licence.

I really would suggest you don't make any hasty decisions based on these documents until you've found out more information and taken legal advice - may be able to get a free session with a solicitor?

Odette

Just a little update, thanks again all those who helped.

Apparently it was just someone phoning my partner in. I cannot believe someone would be this vile to report him for some imagined slight! Some people eh!?
Anywho, po-po said they doubt they will take it further but we have to wait 2 weeks to find out for sure as someones on leave who deals with it.

Hopefully that will be it all over.

Strider590

Deleted_User wrote: »

Did he stop over the white line though? I see lots of cars do this these days. Specially taxis.

lol, they're "professional drivers", so they're allowed to

missile

Odette wrote: »

Just a little update, thanks again all those who helped.

Apparently it was just someone phoning my partner in. I cannot believe someone would be this vile to report him for some imagined slight! Some people eh!?
Anywho, po-po said they doubt they will take it further but we have to wait 2 weeks to find out for sure as someones on leave who deals with it.

Hopefully that will be it all over.

I wondered if that was the case.

I overtook a car and slow moving lorry and continued at 60 mph. She had been bimbling along behind said lorry and further down the road she caught up and tailgated me for several miles flashing her lights. She reported me for "overtaking dangerously and nearly causing an accident - vehicle coming the other way had to brake violently".

Police tracked the lorry and vehicle coming the other way. Fortunately they did not agree with the complainant. Nevertheless plod interviewed me under caution:mad:.

Unless there is an independent witness, it will be his word against the other driver. Your bf should be very careful what he says. I would suggest, best to state he does not want to make a statement as anything he does say could be used against him.