caught on camera

estelle123

i have just rec a Particular of the Offence from essex police.I ran a red light and was speeding.I am holding my hands up to this,when i called them they told me i will be taken to court and nor offered a fine and points.Has anyone been to court and what was the out come.
Please dont tell me it serves me right as i know,i have been driving for over 30 years and only ever got 1 ticket.
It was a mistake,we had a thunder storm and i am petrified,iu just wanted to get home and didnt think.

give_them_FA

Red light, 3 points and a fine. Speeding depends how far over you were.

No sermons, can happen to anyone. If HO87 sees it he may have better info as being ex copper.

If you have had a clean licence up to now you may well find it is a good idea to look for a good solicitor to plead your case as it will be in the discretion of the court.

HO87

@estelle123 Can you confirm what form you actually have?

The fact that it shows "Particulars of Offence" suggests that what you have is a summons as opposed to a notice of intended prosecution. We need to explore this a bit further so its quite important - in terms of what you must do - that you make it clear what it is that you have.

Otherwise, GTFA is correct. The maximum penalty is 3 points and a means-tested fine that will be calculated on your income - for the red light offence. The offence will be judged more or less serious based on the delay after the light turned to red that you passed over the stop line. As for the speeding, well that depends on you speed, the limit and the conditions.

That the police have indicated that you will not receive a conditional offer of fixed penalty suggests that the delay might be significant unless you have eight or more points on your licence already or cannot otherwise avail yourself of the fixed penalty system for some reason you haven't divulged.

estelle123

the form says,PARTICULARS OF THE OFFENCE then all mt car details and details of offence,then.
NOTICE OF INTENTION TO PROSECUTE.
the.
APPLICATION FOR THE NAME AND ADDRESS OF THE DRIVER.
Giving me the options to choose whether i was the driver or not.

estelle123

i have no points on my licence.The time into the red light was 1 second,and amber light having previously been on for 2.9.

HO87

OK estelle, you need to reply to the notice - using the part of the form indicated - identifying yourself as the driver. Don't forget to include your driving licence details and sign it - and you must reply within the 28 days allowed. I suggest that you take a photocopy of everything you send off and send it using recorded delivery.

How bad was the speeding?

estelle123

speeding not to good,46mph in a 30mph,i actually thought is was a 40mph limit,if i get a court summons do i have to appear,i have not told my hubby and do not want to. Unfortunately a solicitor is out of the question as we have severe financial problems.
Thank you.

JimmyTheWig

HO87 wrote: »

As for the speeding, well that depends on you speed, the limit and the conditions.

Not having a go at the OP, but if conditions are involved then the thunder storm isn't going to help, I wouldn't have thought.

estelle123

As i said i am holding my hands up,i just want to know if i will get a court summons.I have searched the internet and all i can find is fixed fine and points which i am happy to take,but essex police have told me i will have to go to court.

HO87

OK. Sit down and take a deep breath. Then read all of this not just the start.

At 46mph in a 30mph limit you are outside the bracket for a speed awareness course but within that of a fixed penalty (normally prosecutions would only kick-in at 50mph). If this does go to court the starting point for sentencing is a fine equivalent to 100% of your relevant weekly income - and that means your gross income/benefit minus tax and NI. It will therefore be very important that you fully complete the means form that comes with the summons if and when you get one. It may be possible that your circumstances will reduce that sentence.

In addition, you will also be liable to 4-6 points OR conceivably a short-term ban of between 7 and 28 days although I'd suggest that points are more likely unless there is some other aspect of the case we don't know about.

As far as the red light offence is concerned, as I've said, that will be a straightforward 3 points and a fine - starting point is 50% of your relevant weekly income.

There remains a chance I suspect that Essex might offer you a fixed penalty in respect of the speeding or conceivably a driver improvement course for the red light offence.

Let the OH know sooner rather than later. He might sound off but it will be better he knows now rather than discovering it after you've been to court - if you have to.

estelle123

Thank you for all your help,keeping fingers crossed i dont have to go to court.I dont work will they then take my Hubbys earnings into account,he is self employed.