Hi,
Have just received a notice of intent to prosecute for passing through a red light. As I have accumulated 9 points within 3 years, this will lead to a totting up ban.
I went through the light in Bristol at 1.30am in the morning following a 5 hour drive from Manchester in my camper van on the way to Cornwall. I got lost on the roundabout, had to switch lanes and then got flashed.
Does the fact that it was so late there were no other cars on the road, that I was tired and lost count as mitigating circumstances or will the court simply argue that I should therefore not have been driving?
Any comments much appreciated!
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DON'T say you were tired, that is just asking for trouble.
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You might want to address your mind to the consequences were you to be banned as a totter: could you argue "exceptional hardship"?
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>>will the courtsimply argue that I should therefore not have been driving? Any comments much appreciated!
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The court may not but I would, Red (and amber) means stop. As you already have 9 points you have "previous", totting up is there to get serial offenders off the road.
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Ross,
The fact you were tired and had been driving for hours are aggravating features, not mitigating ones.
This is a case of least said, soonest mended.
Your mitigation, such as it is, depends a bit on what the other nine points are for.
If they are all speeding, you can say it's your first traffic light offence and if you've had no crashes in years, you can say so.
Magistrates seem to be quite generous in allowing exceptional circumstances, but without more details, it's impossible to say if they might apply.
A good local solicitor, who knows the bench and is experienced in motoring matters, is what you need.
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... mitigating circumstances ... >>
I know someone who got done this year for going through a red light in February one early snowy morning.
The lights had been virtually blanked out with snow, there was no traffic around at all, the driver realised that the light was red just a few yards from about to cross, tried to stop but the slippery road meant the car went over the line by just a few feet.
Result - NIP and FPN, phoned the scamera clerks, they said, sorry but not good enough mitigating circumstances. So driver paid the fine and got the 3 points due.
Edited by jbif on 07/09/2009 at 21:05
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SFAIK crossing a red light is an 'absolute' offence ie there is no defence. I think I recall a driver being charged when he slowly went across the stop line, against a red light, to allow an emergency services vehicle thru. rather like the lady in the thread re parking on the pavement = damned if you do and damned if you don't. Is DVD around to guide us on the law on this?
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You can only cross a red light when instructed to do so by a police officer, which does not include having a car on blues/twos behind you.
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ONB that is what I thought and how well you phrased it!
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You can only cross a red light when instructed to do so by a police officer which does not include having a car on blues/twos behind you.
there's a bit more to it. The police officer has to be 'engaged in the direction of traffic'. So even if the driver of a police car got out and waved you through, if he/she is not also directing all traffic i'd suggest it would technically still be a no-no. The reality of course would be you're home and dry (as long as you can remember his/her shoulder number, for when the camera operator sends you your NIP)
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I got stuck turning left at traffic lights on one of the main roads out of Glasgow. The lights changed after the green man and seeing the traffic to the right was stopped I moved off. Staying put would have 1/2 blocked the inside lane of the main road.
300 yds further on I was pulled over by the BiB - there were 2 x PCs- Dicussion thru the window was that I went thru a Red Light.
I was questioned and asked about my licence, Was it Clean, Did I have points.....
I summarised my version of why I moved off and he then said "Fixed Fine, 3 pts & £60 fine"
Honestly Officer we agree on what happened but not on the reason - I will not be paying the fine but "I will have my day in court".
He then went thru the whole matter again and then said "Do not do that again" and I was on my way.
Reasoning (and the load of paperwork + appearing as a witness maybe on his day off!!!) and I won the argument.
7 years later still no points and that is now 44 years of driving - mostly in the 25-30Kmls per year!
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