Challenging a red light offence caught on camera
I was driving today and think I may have been caught by a traffic light camera in Watford. Obviously I don't know for sure, but I wondered if there would be mitigating circumstances. I wasn't speeding, the limit is 50, and the sun was really low so I had slowed to 40 when approaching the lights. I saw the lights change to amber, applied my brakes fairly hard and my wheels locked up on the damp surface, crossing the stop line. I then had no choice but to carry on across the busy intersection. Having read other comments it seems camera evidence wouldn't show any of this, brake lights, sun, wheels locking up or speed. What annoys me slightly is that if I hadn't tried to brake, I might not be questioning my actions. I also dread getting a notice of prosecution as I regard my licence as a privilege, I don't speed and am a law abiding citizen. It would seem unfair, particularly as a young driver, I've been waiting for my insurance to finally reduce on reaching the age of 25. Any advice?
There is no point doing anything at the moment as you may or may not have been photographed and it maybe that nothing more will happen. If you were caught on camera then the next you will hear will be when a dreaded Notice of Intended Prosecution arrives in the post. You should respond to this admitting you were the driver at the time.
The likelihood then is you will receive a Conditional Offer of a Fixed Penalty Notice inviting you to accept a £60 fine and three penalty points on your driving licence or challenge the case in court where a higher penalty and increased costs might be awarded.
Regrettably in cases like yours the camera is a cold instrument which will record the absolute offence without any context to the case and even with very good mitigating circumstances, the fines (in relation to the possible penalties) are set at such a level as to dissuade anyone from making a challenge and certainly from obtaining any legal representation. These was among the complaints made by The Magistrates Association in a recent letter to the Prime Minister and I am sure they will be pleased to receive your comments through their website.
Because of the above circumstances fewer people than should challenge the camera and it sounds to us if you would wish to take it on and defend yourself you would have little risk of increasing the penalty and might see it reduced or the case dismissed. This will mean you arguing with the CPS beforehand to get the case dropped (always a good idea) and, if they refuse, perhaps attending court to present your case.
This means time off work and allocating time for preparation but it can be an immensely satisfying experience if a successful outcome ensues. And the financial benefits are not just by avoiding the fine but also play on into your future insurance benefits as were you to accept the penalty points these would need to be notified to your insurer and may affect your premium for three years to come.
