Considering court for traffic offence

[sar2004]

Hi All

 

I did post earlier about my OH being pulled for running a red light.

Not sure if I should add this to the bottom of that post but it is a different question...mods please move if I have done this incorrectly

 

OK have spoken to OH about what exactly happened and he didnt actually go through a red light at all.

He was in the outside lane of a 3 lane road at some lights.

Inside lane was turning left and that is where police car was. He was a couple of cars behind my OH which he knows as he drove past him due to less traffic in his lane.

Lights changed and OH drove through them but their are lights higher up further on so he knows that he had crossed the line as the lights changed to amber.

He states he questioned the PC straight away saying "no way did i do a red light" blah blah and asked to see the evidence. The PC said he couldnt and that it was too fiddly with data cables etc. (no idea if this is the case or not)

 

So my questions are:

 

1. Is crossing on amber breaking the law. If so we accept penalty and that is that

 

2. If it isnt breaking the law then my OH should challenge in court....bit worried about costs etc - does anyone have any advice on this

 

3. Can you ask for evidence before court. reason I say this is we all make mistakes with our memory and I would hate to waste everyones time in court if it turns out OH is mistaken and it was a red (he is adamant though)

 

4. If we do go to court and it goes against him is it likely that he could end up with a stiffer penalty than the 3 points and 60 fine...the worrier in me is thinking should we risk it.

 

No idea what to do and pretty nervous about a court.

Husband is cross and admits that he has been careless in the past but thinks he should challenge it.

id like to make sure I know what to expect and if it could make it worse.

 

Thanks so much for all your advice in advance xx

[scousegeezer]

Sar2004,

First of all "amber" - means stop unless unsafe to do so. So unless he had a car right up his chuff, he should have stopped. Secondly, if I remember correctly the summons will refer to failing to obey an automatic traffic sign - traffic lights. Although usually an officer will give evidence of a car crossing the stop line after the lights have turned to red; he does not have to - amber is enough unless unsafe to do so. Unfortunately, you cannot request any evidence at this stage. He will have to make a decision as to whether to challenge the issue of the ticket or not. If he does challenge - request a court hearing - he will have to make the request for "disclosure" at the pre trial hearing. That means a court hearing will follow and the case tried. He DOES run the risk of a greater penalty if found guilty, will be more than £60 fine and probably but not definitely more than three p[oints. The decision is his to make I am afraid.

 

Cheers - Scousegeezer.

[68904]

Were the traffic light lawfully erected?

[crem]

He DOES run the risk of a greater penalty if found guilty, will be more than £60 fine and probably but not definitely more than three p[oints. The decision is his to make I am afraid.

 

Cheers - Scousegeezer.

 

I do not believe a court appearance can affect the penalty points awarded. The number of points is specific to the offence and as far as I know would need to be grossly contravened before a magistrate could/woud change them. (eg drove through on a completely red light in which case he'd more likely be getting done for dangerous driving)

 

The fine will increase, at least by the £15 the government invented as "victim surcharge" to fill a hole in their coffers.

[sar2004]

hi all.

Were the traffic light lawfully erected?

 

I wouldnt have a clue the answer to that and I dont know how you would know??