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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70284
Experience:  Over 5 years in practice
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I got a letter saying i went through a red light at 47 in a

Customer Question

I got a letter saying i went through a red light at 47 in a 30 zone, any advise please?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

As it says above, i got a letter from the police to say I went through a red light at 47 MPH in a 30 zone.

Expert:  Jo C. replied 3 years ago.
Do you have any points already? if so, from when please?
Customer: replied 3 years ago.

No, clean licence.

Expert:  Jo C. replied 3 years ago.
Thanks.
Do you deny the allegation?
Were you going that fast?
Customer: replied 3 years ago.

I don't deny it, I was probably going 47. How many points am I looking at if I admit the offence?

Expert:  Jo C. replied 3 years ago.
It depends what charges they bring.

They could charge you with speeding and with the red light offence. If so, you are facing 4-6 points or a short ban of between 7-28 days and a fine for the speeding offence. The red light offence would still only carry 3 points but they would run concurrently because the ofences were committed at the same time. So they would sit on your licence but not be active.

However, they may charge you driving without due care and attention and that carries 6 -9 points and a fine or a potentail ban although the practical reality is that you would only be facing 6 points.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

If I go down the route of saying I can't remember who was driving would that possibly increase the fine/points etc ?

Expert:  Jo C. replied 3 years ago.
No, but that would be untrue and so would amount to perverting the course of justice for which people go to prison even on first offences.

Also, they would just charge you with failing to identify which carries 6 points and a much higher fine.
Customer: replied 3 years ago.

don't the police have to prove who was driving at the time?

Expert:  Jo C. replied 3 years ago.
No, the onus is upon you to identify the driver under S172 RTA.

Customer: replied 3 years ago.

I read on the net that I have not been cautioned under section 78 of the police and criminal evidence act, what does that mean in reality ?

Expert:  Jo C. replied 3 years ago.
Nothing at all.

S78 has no relevance here. They will not make an arrest. Its not that type of offence.

I'm happy to continue with this but please remember to leave feedback for my answer.