BWM 320i - Legal defence for going through a red light ? - crxg

Approaching a set of lights that had just turned amber, didn't think I could get through them in time, so slammed on the brakes. However to my horror the car still kept edging forward. I kept breaking but it kept moving. I put my hazards on as the car partiallt or maybe completely (can't remember) went over the white line. Thankfully no cars about other than a van in the lane next to me. No idea what happened here but will get the car checked out. Is there any legal defence for this? There were no lights or other cars about other than the van but I'm speaking hypothetically.

BWM 320i - Legal defence for going through a red light ? - Robert J.

I would be more concerned why the brakes cannot stop the car ‘edging forward’ than a red light ticket. Were they working normally before this?

Assuming there is a brake problem as verified by a competent garage, then could you use this as mitigation in any proceddings?

Was there anything rolling around on the floor that could have got under the brake pedal?

Edited by Robert J. on 24/07/2024 at 07:21

BWM 320i - Legal defence for going through a red light ? - Middleman

No there is no legal defence to this.

You should never need to "slam on the brakes" when traffic lights change. Remembering that amber also means "stop" you should approach them on the basis that they are likely to change at any time and so should be in a position to stop safely if they do.

You could offer the brake problem as mitigation if the matter went to court but you should beware of two things:

You will be treading a fine line between mitigating the offence and admitting driving an unroadworthy vehicle; You would need to have the car examined to establish whether there is a fault or whether the problem was a result of your driving style (which is probably more likely)

Most red light offences are deal with by way of a fixed penalty where no mitigation is considered. If you want to offer mitigation you must decline the fixed penalty and instead allow the matter to go to court. There, even if your mitigation is accepted, the penalty will be considerably higher.

BWM 320i - Legal defence for going through a red light ? - 72 dudes

As per Middleman.

In addition, why did you not put the car in Neutral and apply the handbrake?

Faulty car or poor driver?

BWM 320i - Legal defence for going through a red light ? - RT

I was taught that a green traffic light ALWAYS means that the next light will be amber so ALWAYS be prepared to stop.

BWM 320i - Legal defence for going through a red light ? - Andrew-T

I was taught that a green traffic light ALWAYS means that the next light will be amber so ALWAYS be prepared to stop.

True - but a lot depends on whether you are familiar with the regular cycle of those lights and have seen the previous change. If so, you will have some idea of how many seconds remain on the green phase !

BWM 320i - Legal defence for going through a red light ? - RT

I was taught that a green traffic light ALWAYS means that the next light will be amber so ALWAYS be prepared to stop.

True - but a lot depends on whether you are familiar with the regular cycle of those lights and have seen the previous change. If so, you will have some idea of how many seconds remain on the green phase !

The point of the way I was taught means you don't need to know the regular timing or how much green is left - if it's now green, it WILL turn to amber soon so be prepared to stop.

BWM 320i - Legal defence for going through a red light ? - Andrew-T

<< The point of the way I was taught means you don't need to know the regular timing or how much green is left - if it's now green, it WILL turn to amber soon so be prepared to stop. >>

That is pretty unimportant, as any alert driver has to be prepared to stop for all kinds of events less predictable than a changing traffic light !

BWM 320i - Legal defence for going through a red light ? - Xileno

Follow-on thread now running in Technical:

www.honestjohn.co.uk/forum/post/198601/bmw-320i-f3...r