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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice
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I was distracted and drove through red light. It was around

Resolved Question:

I was distracted and drove through red light. It was around midnight and the lights had been on red 8 seconds. I have been told I am not eligible fixed penalty will receive a summons and will have to attend court. I have a clean driving license, my car is taxed, MOT and insured, What is the likely sentence/penalty?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

. Thank you question. My name is ***** ***** I will try to help with this.

Jo C. :

Have they summons you without due care?

Customer:

I have not received the summons yet, I have been advised that my case will be considered proceedings and a summons will be sent to me in due course. The incident was recorded on a camera.

Jo C. :

Ok.

Jo C. :

Do you accept it was 8 seconds after the lights went red

Jo C. :

If it was 8 seconds after the lights went red then you may be facing a charge of driving without due care.

Jo C. :

I'm afraid that carries 3-9 points or a ban and a fine.

Jo C. :

They could charge it as a dangerous driving. I think it probably is a dangerous driving if you look at the strict law but they won't do that. They never do.

Jo C. :

Unless there is an accident with injury.

Jo C. :

without due care I would expect 6-9 points I'm afraid.

Jo C. :

It is possible they could charge it under S36 RTA but that only carries 3 points and a fine but I would brace yourself more serious offence I'm afraid.

Jo C. :

Sorry if that is bad news.

Jo C. :

Can I clarify anything ?

Customer:

Yes it was around 8 seconds, I was dropping a friend off home who wanted to buy some milk at Foss Parke retail park which was on the other side of a dual carriage he was trying to direct me to a opening which he believed was there. When I looked up the light was on red, I could have braked hard but, the road was clear and I drove through. There was very little other traffic on the road.

Jo C. :

Ok.

Jo C. :

No way around that.

Jo C. :

Hope RTA and plan without due care I'm afraid.

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