Motoring offence, crossing red x on motorway

soolin

Marbo wrote: »

I don't admit being guilty but I am trying to cover all possibilities and make the best decision.
Maybe I didn't saw the police car becouse wasn't there and didn't saw the red X becouse wasn't there. (malfunction or the signs were changing, they went off for a few seconds).
Thank you for participating and for the link.

Firstly whether or not you saw the Police car is immaterial , there was no need for you to see them and doesn't help your defence at all.

As for not seeing the red X that is also no defence, you would need to be in a position to state the red X was not displayed , not that you just didn't see it, and that's a big difference.

Lastly, if you do go to court and argue all these things you didn't see , isn't that going to suggest that your driving is impaired as you don't notice things? Obviously they can't charge you with more than is already stated but it might give a bad impression.

Regardless of that, try the guys on the link I posted as they can be useful explaining where you can get info about regulations etc.

Strider590

This is like running someone over in a dark street, being charged with causing death by careless driving and then saying "sorry, I didn't see them, so it's not my fault".

Billy_Bullocks

Marbo wrote: »

I haven't seen that sign or the unmarked police car with flashing lights at the point where I've entered M1. If I've passed that red X, i doubt the officer was there, in that moment, to witness to the offence. I suspect my reg number was passed to her by her colleagues present at the place of the incident down the road.
We can't make statements about something we didn't saw.

Ok she saw you in a closed lane, there will be records as to what gantrys were set with red X's. I guess your defence is she didn't see you pass under that gantry. So the question is what are you going to say about being the only one in a closed lane?

photome

I didnt see the police car.....doesnt make any difference

you doubt she was there, but really you have no idea

I didnt see the red X, then maybe you need to drive with more care and attention

guilty IMO

Norman_Castle

Marbo wrote: »

I haven't seen that sign or the unmarked police car with flashing lights

An unmarked police car without flashing lights is still a police car.
Unmarked police cars aren't easy to see and are generally unnoticed when mixed with other traffic.

Marbo

agrinnall wrote: »

So you admit you're guilty but you're trying to find a technicality that you can use to wriggle out of a punishment? This may be a money saving site but we're really not here to help law breakers.

There is a small probability I didn't break the law. The display on the gantry could of been malfunctioning, off, displaying something else in the moment I passed under it. If I didn't met and passed the red X , I didn't commit any offence. And , yes , I am also looking for a technicality to have the case dismissed, the technicalities were made with a certain purpose, we all want to be prosecuted in a fare manner.

Marbo

Billy_Bullocks wrote: »

Ok she saw you in a closed lane, there will be records as to what gantrys were set with red X's. I guess your defence is she didn't see you pass under that gantry. So the question is what are you going to say about being the only one in a closed lane?

Lane 1 was closed and the the officer states that was stationed on the hard shoulder, in plain sight. I didn't see that car there.
Yes, it seemed odd being the only one driving on that lane but I didn't noticed the red X. I was coming from a slip road that merges with M1 just before the gantry that the officer says she was watching..

I asked Highways England for those records , they have a database named HALOGEN but they seem not to understand my requests, you need to ask them a few times before getting a good answer. Probably proffesional courtesy between them and the police.

soolin

Marbo wrote: »

There is a small probability I didn't break the law. The display on the gantry could of been malfunctioning, off, displaying something else in the moment I passed under it. If I didn't met and passed the red X , I didn't commit any offence. And , yes , I am also looking for a technicality to have the case dismissed, the technicalities were made with a certain purpose, we all want to be prosecuted in a fare manner.

You really need to get over to the forum that I posted links for if you are looking for a technicality as there's certainly nothing obvious that you've posted yet.

Gambling on court with no real defence may well cost you a great deal of money.

Billy_Bullocks

Marbo wrote: »

Lane 1 was closed and the the officer states that was stationed on the hard shoulder, in plain sight. I didn't see that car there.
Yes, it seemed odd being the only one driving on that lane but I didn't noticed the red X. I was coming from a slip road that merges with M1 just before the gantry that the officer says she was watching..

I asked Highways England for those records , they have a database named HALOGEN but they seem not to understand my requests, you need to ask them a few times before getting a good answer. Probably proffesional courtesy between them and the police.

What stage are you at with the prosecution? If you have the single justice procedure pack you'll have evidence of the gantry setting from the police. There is no need to chase the HA for it.

You didn't see any red X's so it's not a good start saying you didn't see a car on the hardshoulder.

Aylesbury_Duck

Marbo wrote: »

Yes, it seemed odd being the only one driving on that lane but I didn't noticed the red X.

Doesn't that suggest that everyone else noticed the red X?