Am I going to court ? Please help !

avstar

Hello all

I stupidly rushed through junction on my way to work a couple of weeks go and got stuck in the junction in a jam over the white lines. I've just received a notice of prosecution for traffic misdemeanor.

The lights must have only just been on red, cos I would never go through red lights. (in my old clio it's hard to rush annywhere !).
I know it was wrong to be an 'ambler gambler' and I'm ashamed of myself. I've been driving for 12 years and got a completely clean licence (or did have).

Whats going to happen to me ? I'm so worried.
Do I have to go to court ?....I think I'll faint and/or start blubbing !
What' likely to happen re: points/fine ?

Thansk for any help, and please don't heap anymore guilt on me...I'm having a huge guilt trip and am full of remorse already.

avstar

anewman

Don't let the b******s get you down. We live in a nazi style country with the government telling us what we can and can't do and fining us at every posssible avenue, while letting child abusers etc off scott free.

I don't know much about fines for going through red lights but if it's the same as speeding tickets it all hinges on whether you contest a fine which tries to make sure you stump up the cash rather than go to court and have it cost much more.

I think if you were to contest it your defence could well be that you have been driving for 12 years, you have had this car for x years and maintain it well etc including brakes, and you know the best stopping distance. The lights were only just changing and you could not have stopped safely without causing unnecessary obstruction or harm to other road users. - and what evidence do they have that you intentionally ran a red light? (This evidence would be certain if you were captured by a traffic signal camera.)

But it sounds like you're worried about court so the letter will scare you even more and make you pay up.

anewman

Searched a bit but don't know if this helps...

Junctions controlled by traffic lights

151: You MUST stop behind the white 'Stop' line across your side of the road unless the light is green. If the amber light appears you may go on only if you have already crossed the stop line or are so close to it that to stop might cause an accident.
Laws RTA 1988 sect 36 & TSRGD regs 10 & 36

152: You MUST NOT move forward over the white line when the red light is showing. Only go forward when the traffic lights are green if there is room for you to clear the junction safely or you are taking up a position to turn right. If the traffic lights are not working, proceed with caution. Allow cyclists and buses time and space to move off when the green signal shows.
Laws RTA 1988 sect 36 & TSRGD regs 10 & 36

http://www.highwaycode.gov.uk/16.htm

avstar

Thanks Anewman
So would I be dealt with more harshly if I started asking for photo evidence etc ?
Am I right in thinking then that if I 'confess' to everything I will get points on my licence & a fine, but if I contest it I will have to go to court ? Or do these cases just go to court anyway ?
Surely the courts would be clogged up with motorists, when surely they have more important things to deal with !

avstar

Blimey I've just realised another thing ! ARGH !!!!!!!!!!!!!!!:mad:

This red light incident was 2 days after my clio failed it's MOT test, but still within it's old MOT Test Certificate which ran out a couple of days later.....will this impact on it, or am I still covered by the old test certificate which hadn't yet run out.

The car wasn't deemed 'dangerous' in its failure (gas emmissions which was on another thread!).

Can't believe what a crap month I'm having - its so hard to run a bloomin car I feel like giving up..When it rains it pours, thats for sure !

NAR

Avstar, you are supposed to slow down and prepare to stop approaching traffic lights - all right I know most don't.
If your defence is you thought it unsafe to stop because of traffic behind you, then the camera evidence will verify or dismiss that.

zappahey

avstar wrote: »

Blimey I've just realised another thing ! ARGH !!!!!!!!!!!!!!!:mad:

This red light incident was 2 days after my clio failed it's MOT test, but still within it's old MOT Test Certificate which ran out a couple of days later.....will this impact on it, or am I still covered by the old test certificate which hadn't yet run out.

The old cert is still valid.

As for the offence, ask to see the evidence. The picture should tell you for just how long the light has been red. Normally they don't start taking pics until a couple of seconds after the light goes red so I suspect you're bang to rights.

avstar

Thanks for the info re: MOT certificate.

My main reason for posting was to ask what punishment does this offence usually get.
I prob won't contest it cos it will prob just make things worse, but what am I likely to get ? And if it's points do I have to send my driving licence in ? How long before it usually comes back cos I wanted to take it on holiday with me at the end of August for ID.

Thanks for all your help

marty1888

3 points and a £60 fine if you dont contest it. No need for court.

bluebell13

My OH had this happen to him. He got 3 points and a £60 fine, which should be the same for you unless you were going at excessive speed. I would just own up, sign the form, and take the punishment. At least it will be over with then.

analyst_2

I looked into this over a decade ago when "the bloody wife" did the same in my car.
I don't think the law is likely to have changed much.

I went to look at the photo evidence, and as it happened, the copper who saw to me was an old ice-hockey acquaintance, not same team as me but on nodding terms (hey, I said nodding, not head-butting terms!!).

So, back to the plot, because we were kind-of "mates" it was all very convivial and chatty as he explained how it all worked. He did say that it was that force's policy to send warnings up to 1.4 secs of red light but beyond that you're done.

Two pics are taken, the second to confirm that you really did continue and not just tip it over the white line.

So, my advice, for what its worth, go and have a look at your photos, costs now't and it is your legal right, without prejudice to your case. Ask if they have a policy about that timing.

If it looks very close on timing, you could try sweet talking them to convert it to a warning - but I sense that a decision has already been taken on that.

If that's all a no-go, and the pics will tell their own story, and assuming everything else is clearly displayed, e.g. car registration plate, you are probably best saving up £60 for the penalty fee and not going to court.