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Joined: Oct 2004
Posts: 467
Smartchild
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OP
Smartchild
Joined: Oct 2004
Posts: 467 |
Right, my brother has had a letter informing him that he has been caught going through a Red Light at 35mph.
As he has not sent back the form yet, it doesn't say what the actual penalty is.
Does anyone know the likely outcome?
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Joined: Nov 2004
Posts: 7,238
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the likely outcome is,i can only imagine, at least 3 points and a fine for the speeding,at least 3 points and a fine for the red light,and if he's unlucky,dangerous driving charge aswell. how long has he been driving? very silly of him to run a red,especially at speed
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Joined: Oct 2004
Posts: 467
Smartchild
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OP
Smartchild
Joined: Oct 2004
Posts: 467 |
He's been driving 18months, but is a regional manager for quite a big company, so the possibility of a ban is slight as he relies on driving for work.
The offence itself was from June 06..but because its a company car its taken this long to get to him. It was 35mph in a 30 zone, and he says he doesn't remember it but wouldnt jump a blatent red light, so was probably amber going through red but he won't find out the other details until they return the form.
A dual offence is often taken as 5 points aparantly. I.E. Undertaking at speed is 5 points, as it is classed as dual offence, so its not very clear
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Joined: Nov 2003
Posts: 12,002
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Wiki Master
Joined: Nov 2003
Posts: 12,002 |
AFAIK the offence will either be running a red light or speeding  Ive never seen the speed camera time lines running accross a trafic light junction. I think he needs to get more info first and clarify what the actualy offence is, maybe the offence code? Either way, for either offence, I belive its a £60 fine and 3 points.
What If There Were No Hypothetical Questions?
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Joined: Aug 2004
Posts: 22,315 Likes: 1
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Iirc, if he is in the first 2 years of driving and gets 6 points, its an automatic license revoke, not an issue for the courts to decide.
So the likelyhood of him being able to argue that he needs the license for work is unlikely to make a difference.
I think it will most probably be 3 points and a fine though.
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Joined: Oct 2004
Posts: 467
Smartchild
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OP
Smartchild
Joined: Oct 2004
Posts: 467 |
Yeh, I assume 3 points and a fine too but he will have to wait and see what he gets back.
Although its an automatic liscence revoke after 6 points, if they are in one offense and that offense is contested, the court can make a decision depending on mitigating circumstances. A girl I know got 3 points, then contested the next 3 and was allowed it on the ground that a lisence revoke would have affected livelihood.
Will let you know what the outcome is.
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Ive never seen the speed camera time lines running accross a trafic light junction.
thats a very good point,they can't PROVE he was speeding so he can only get done for running the red. i'd speak to a solicitor but im pretty sure they CANT do him for speeding
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Joined: Nov 2003
Posts: 21,269 Likes: 4
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Wiki Master
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Can you rememeber about 18months ago where there was the New Chief of Police in Midlesbrough, he was the one that brought in the "ZERO TOLLERANCE"
Well his car got a simular ticket which turned up 6months later or so.
But the point was they couldnt procercute as no one could remember who was driving.
So he got off with it, i'm sure i posted somthing about it but cant find it.
I think your brother needs to establish
Who was driving the car First - Then worry about his licence.
Hope that helps ?
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Joined: Dec 2003
Posts: 1,328
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are there cameras on traffic lights so if u jump one you can get caught?? or are they the ones that just look like speed cameras?
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Joined: Oct 2004
Posts: 467
Smartchild
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OP
Smartchild
Joined: Oct 2004
Posts: 467 |
I;m not sure, I mean, the whole issue is a bit murkey, and he is going to speak to the lawyers who represent his company I think.
But the fact it was 6 months ago, and is a company car that could have been used by anyone that works for him means it wont be crystal clear!
It doesn't actuaally state in this first letter he has how he got caught, so i suspect maybe he was spotted by police who didnt pull him over because it would mean them jumping them too...
Its all very hard to decifer. I mean, he drives a new a3 and is quite a repsectful driver, and swears that it must have been amber just hitting red, as he isnt a scally in a chavalier that might plow through a blatent red!
I Guess we'll have to see how it pans out!
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Joined: Nov 2003
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Wiki Master
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Keep us updated as the picture becomes clearer 
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I mean, he drives a new a3 and is quite a repsectful driver, and swears that it must have been amber just hitting red, as he isnt a scally in a chavalier that might plow through a blatent red! Im afraid a red light camera does not flash you if you go through the light on amber, it gets you a second or so after the red light has become active. So no matter what he says, me "must" have jumped a red light, not been looking at the lights or been going far too fast to stop for it. The innocence story doesnt wash with me im afraid. He may be a careful driver and it probably was a genuine mistake, but it certainly was him in the wrong if he has been caught jumping a red light. 
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Just so you know, the police are supposed to get in contact with a "notice of intended prosecution" within 14 days of a traffic offence. I know this is true for SP30's (breaking the speed limit), but not entirely sure about other traffic offences. If it arrives outside this time it must come with an explanation. If it goes to court this could be worth bringing up?
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Joined: Aug 2004
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It seems they did explain to him that the delay was because it was a company car Jimbo. 
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Joined: Nov 2003
Posts: 5,327
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Forum Veteran
Joined: Nov 2003
Posts: 5,327 |
Persue these issues :
1. 14 Days (Notice of prosection)
2. Loss of livleyhood (keeps his licence even with 6 points)
3. Obtain a copy of the evidence (If picture was taken of the rear of the car he could sell the points if his job is that important) Say someone else was driving.
4. Deny he was driving that company car on that day (Company is legally obliged to keep records of who drives what car and when)
You can research these issues easily via google.
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