Document Actions
Red light offence: caught over stop lane but never proceeded through lights and yet I am still being punished
I received a Notice of Intended Prosecution in February for for failing to stop at a traffic light. I sent a response back stating that while I did stop after the white line I did not proceed through the light and allowed traffic to pass. I was not obstructing the oncoming traffic as I was only just over the line and carried on once the light had turned green. I have had a response back stating the fixed penalty applies and for me to send £60 and my driving licence for 3 points to be added. Is this valid? I feel it is unjust as I did not go through the red light and stopped at the junction.
The issuing of a fixed penalty notice is a relatively automatic process following a notice of intended prosecution and I agree the penalty would seem unjust in the circumstances you outline.
The problem is red light offences are absolute, which means that technically if you cross the line when the light is on red then you have committed an offence. The situation is exacerbated by camera enforcement which report the offence without any exercise of human judgement.
Were the case to go to trial and you presented a good case I believe the court might well exercise judgement in your favour. Most drivers (including magistrates!) must have found themselves in your position at some stage in their motoring career and might view a £60 fine and three points as harsh in the circumstances.
You have a choice whether to accept the fixed penalty or go to court and plead that you didn't pass through as mitigation. Under the circumstances I would opt for the latter route and take my chance with the magistrates.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
