Fixed Penalty Red Lights

Livingthedream

Woody. wrote: »

Another uneducated response from someone with no legal knowledge.

Oooh, Woody. I hope you get jury duty one day. We could even just skip the trial.;)

elektra-2007

he didnt say, i was stopped further up the road for temporary lights, he was behind, he got out and approched my car and said, "didnt you see the lights change?" i said "they were on amber when i passed through"
he asked me to pull up where it was safe, which i did.
Then he said he was famililar with the junction as he used it everyday. He said he was waiting at the lights and saw my car go through the junction which is a big junction and his lights were on green so mine must have been on red.
I said im 100% sure they were on amber else i wouldnt have gone through. and he replied " well you can goto court if you wish. il download the video today, and il check the lights to make sure the sequence isnt out"
does anyone know what happens when i do go to court?

Stigy

Woody. wrote: »

Another uneducated response from someone with no legal knowledge.

I assume you are refering to the part about the traffic lights?

The first part has some point to it in that, from experience the Magistrates tend to take the word of professional witnesses over those of the defendant, which I suppose defeats the object of the court system to be fair. A Police Officer would, or should have taken notes at the time of the offence (less likely in this case, where a FPN was initially issued, although there would have been a statement on the reverse of the FPN that the Police keep for instances such as court appeals). These notes will be admissible as evidence in court, and I guess that's what swings the Mags in most cases!

Woody._2

Well since your going not guilty there will be a trial. The officer will present his evidence and the defence will be allowed to question it. You can give your evidence and the court will decide if the matter has been proved beyond reasonable doubt.

Yorkie1

Assuming the offence which results is the traffic light offence rather than careless driving ...

You will probably receive a summons with other paperwork e.g. his witness statement. If you want to plead not guilty and challenge his evidence, I'd suggest that you either go to court or write to the court in good time, recorded delivery (or at least certificate of posting) together with details of any unavailable dates you have - they will set a future trial date at the first hearing. You then attend the trial along with the police officer, both give your evidence, and the magistrates decide.

If you want to plead guilty, you will probably have an option to do so by post - fill in the relevant forms and return (I suspect one of them may be a financial circumstances form as the fine will be dependent on income to some degree).

The court will notify you of the result and, I think, tell you to send your licence to the court for endorsement (or DVLA - hopefully someone else will know).

You will get 3 penalty points for the traffic light offence plus a fine and costs (probably £60 if you plead guilty) and surcharge of £15. If you deny it and are convicted then the costs figure will be higher.

NB Might be worth double checking the lights to see if there is an all-red phase. If there is, it makes the officer's evidence look stronger and your less strong.

Woody._2

Stigy wrote: »

I assume you are refering to the part about the traffic lights?

The first part has some point to it in that, from experience the Magistrates tend to take the word of professional witnesses over those of the defendant, which I suppose defeats the object of the court system to be fair. A Police Officer would, or should have taken notes at the time of the offence (less likely in this case, where a FPN was initially issued, although there would have been a statement on the reverse of the FPN that the Police keep for instances such as court appeals). These notes will be admissible as evidence in court, and I guess that's what swings the Mags in most cases!

What would that be then?

Stigy

Yorkie1 wrote: »

Assuming the offence which results is the traffic light offence rather than careless driving ...

You will probably receive a summons with other paperwork e.g. his witness statement. If you want to plead not guilty and challenge his evidence, I'd suggest that you either go to court or write to the court in good time, recorded delivery (or at least certificate of posting) together with details of any unavailable dates you have - they will set a future trial date at the first hearing. You then attend the trial along with the police officer, both give your evidence, and the magistrates decide.

If you want to plead guilty, you will probably have an option to do so by post - fill in the relevant forms and return (I suspect one of them may be a financial circumstances form as the fine will be dependent on income to some degree).

The court will notify you of the result and, I think, tell you to send your licence to the court for endorsement (or DVLA - hopefully someone else will know).

You will get 3 penalty points for the traffic light offence plus a fine and costs (probably £60 if you plead guilty) and surcharge of £15. If you deny it and are convicted then the costs figure will be higher.

NB Might be worth double checking the lights to see if there is an all-red phase. If there is, it makes the officer's evidence look stronger and your less strong.

I believe he's appealing an FPN, which would make procedings slightly different, in that he's pleading not guilty by default if you will, otherwise he wouldn't be appealing it I guess. Also, the evidence will be the FPN, and the MG11 on the reverse of it (not sure if the defendant gets to see the statement on an FPN or not?).

vikingaero

Woody. wrote: »

Another uneducated response from someone with no legal knowledge.

You're wrong Woody.

How did I come up with that conclusion? I just told you that you are wrong so you are wrong. :D

It would be more helpful if you could justify or validate your replies rather than just telling people that they are wrong.

Woody._2

vikingaero wrote: »

You're wrong Woody.

How did I come up with that conclusion? I just told you that you are wrong so you are wrong. :D

It would be more helpful if you could justify or validate your replies rather than just telling people that they are wrong.

Then I'd suggest you read the other thread.:D

elektra-2007

Has anyone else been to court about a red light offense that cann tell me what happens, do i need to seek legal advise or can i attend alone?
thanks
Hel