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traffic camera fine

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Boriyako | 17:35 Thu 03rd Jan 2008 | Law
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Hi there. I recently went through a red light and received an option to pay a fine and have 3 points placed on my licence.

I believe tha I had had good reason for going through the red light.

Does anyone know if I can lodge an appeal and write in to the Police and explain my reasons (plus maps, photos etc.!!) or must I wait for a court date?

Thanks
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Waht good reason can you possibly have for going through a red light?
Unless you were driving an emergency services vehicle AND were on an emergency call, I don't see how you can have any good reason for going through a red light.
Even if you have an explanation, such as having a woman in the last stages of labour in your car en route to hospital, this would only be a mitigating circumstance.
As cheekychops says - what was your reason?
Question Author
Hi there - hope this is the right way to answer!

Road was wet and rainy.

van was partially loaded (VW Transporter)

I rear tyre was low on tread but within legal limit. I still have it as a spare (evidence?)

Junction is a three way T. No pedestrians cross the road there. I know the junction well.

I was in left lane travelling 50. At about 50 yards from light, I was slowing when vehicle in front put on brakes sharply. (it was an overreaction from this driver who saw a large truck pulling into our road/lane from a small feeder road 10 yards AFTER the light!)

I pulled into right lane but speeded up to do so. Now had a vehicle behind me.
Lights turned red.

Decision time!

Low tread
wet road
loaded vehicle
vehicle behind (not seriously close, but there in my mind)
increased speed - back to 45/50mph
No pedestrians (didn't look but I know this intersection and pedestrians can't use it)
No vehicles waiting on the left (checked)

Did it!!

I was wrong and am prepared to pay a fine but would like to avoid the penalty points.

Thanks again
That explains it better but I'm afraid it wouldn't do you any good in Court. The first point the prosecution would jump on is that if your actions were as a result of someone in front of you braking suddenly, then you were at fault for not leaving sufficient room for you to stop safely in such an eventuality. Given the facts regarding your load, tyre and the wet conditions, your stopping distance was clearly inadequate.
Sorry that this isn't the answer you want to hear.
i dont think you will be able to use this as a valid excuse for going through a red light
way back in the first part of your explanation you knew your tyre was low, it was wet and rainy, yet you still didnt leave yourself enough stopping room when someone braked n front of you. If there hadn't have been 2 lanes there, what would you have done? Ploughed in the back of them? If you went in the other lane simply because you couldnt wait for the person in front to faff around, thats not an excuse, cause if you know the junction well, you would have known you wouldnt have had enough time to stop if the lights went amber. and if you couldnt have stopped in time safely in the lane you were in or the other lane, thats deffo not an excuse!
and what kind of excuse is it to say there were no pedestrians because you know the junction well? What if someone had broken down nearby and was walking to get to a phone? from their car? And you say you checked there were no cars to the left, but what if there was one some way back, doing 50 in the rain? visibility poor? but putting his foot down and speeding up cause there was smeone not all that close behing him like you did?
Question Author
Thanks Mrs Overall

May I clarify?

There was sufficient space between me and driver in front for normal (?) purposes. This vehicle was at least 40 - 50 yards from the light when they braked as opposed to slowing down. They "threw out the anchors"!!!

What do you think?

I work as a carer and some clients (not all) want a carer with a clean licence. I certainly can't claim that it would put me out of work but it would affect it. Plus I have been driving fairly carefully for 36 years accident free and would like to try and keep my record clean.

My point is that it was a calculated decision on my part and (I don't believe) not as a result of an entirely careless action.

Any good asking them to cancell the points?

How would I do that.

Thanks again Mrs Overall
The only way to challenge it would be to go to Court and plead not guilty. I hear what you are saying but the facts are that you have to allow sufficient stopping distance in case any vehicle in front of you "throws out the anchors."
If you do go to court and are found guilty, your fine will invariably be higher than the one you are facing now and you may have court costs and solicitors bills to pay.
I honestly think you are on a hiding to nothing challenging this.
I'd suggest you see a solicitor (ask for a free initial consultation and you'll be allowed 30 mins at no cost) just to set your mind at rest, but I'm sure he/she will give you the same advice.
Question Author
Many thanks.

DAMMIT!!!!!!
You seem determined to invite prosecution ;-)

While the Highway Code isn't, in itself, a legal document, it provides guidance regarding reasonable driving standards. The minimum stopping distance, at 50mph on a dry road, is given as 13 car lengths. However, stopping distances should be doubled on a wet road, which takes us up to 26 car lengths. Additional distance needs to be added for vehicles with heavy loads. That suggests that the minimum stopping distance for your vehicle was probably greater than 30 car lengths.

The Highway Code also states that drivers should always drive at a distance from the preceding vehicle equal to, or greater than, the minimum stopping distance for that speed. So, unless yo can convince a court that you were at least 30 car lengths behind the preceding vehicle, you're inviting conviction for 'careless driving'. If you could convince the court that you were the correct distance back, you'd find it hard to explain why you changed lanes. Remembering that you should always be ready to stop at an amber signal, you seem to have little chance of winning any court case.

Chris
You are having a giraffe, I think you are on to a loser, they will say You were obviously driving too fast for the conditions , you may even be intimating your vehicle was unsafely loaded with dodgy tyres?? as for knowing the junction well , if thats the case you should have lowered your speed ,

Sorry take the wrap and learn from this experiance, if a vehicle had jumped the green where would you have been now??
Question Author
Many thanks to all who answered.

May I refine the question again?

I am guilty of the offence - no question of that. I must pay.

What I WOULD like to avoid, if possible, is having points on my licence.

Any suggestions of a possible course of action now that I see (thanks again all) that court is not an option. Can I offer to pay more and who would I write to?

In anticipation

Gratias
the only way to avoid points is to be offered a safer driving course, and they have strict criteria of who they offer it to. if you were eligible you would have been offered it already. The only only other thing to do is get (pay) someone who dosent mind the points to say they were driving. Of course, you would then be comiting a criminal offence, but its what all these footballers and celebrities do. If you were caught youd be very sorry!
If I can expand on what bednobs means by "very sorry".

It's called conspiracy to pervert the course of justice and people can and do go to prison for doing it.

Here's an example:
http://www.bbc.co.uk/insideout/southwest/serie s9/week_eight.shtml

How would they know? well not being insured to drive your vehicle might be a give away

Of course this is the exact reason that we have a points system, a fine of �60 or so is nothing to many people, the points and risk of losing their license is the real punishment.

Just as an addition - I think you're wise not to risk court. If you were to plead in court the way you have here I'm pretty certain they'd charge you with careless driving too. that carries 3-9 points and a fine of 1 weeks take home pay.


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