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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I went over on a red light & I have received a letter saying

Resolved Question:

I went over on a red light & I have received a letter saying the matter will now be referred to the court to be heard by a magistrate does this mean I have to make a court appearance? I have never done anything like this before
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. Is this the first correspondence you received about this?

Customer:

I received the standard letter first telling me the offence & asking me if I accepted responsibility

Customer:

are you there?

Jo C. :

Sorry fo the delay.

Jo C. :

Do you have any other points?

Customer:

Yes 3

Jo C. :

from when please?

Customer:

July 2014 & I went over the red light on Christmas eve, I returned the initial form back late, the one along me to confirm I was driving could this be the reason why I've received this letter? It's so vague I'm really worried why it's going before a magistrate I've never ever been to court before

Jo C. :

Ok. That will be considered then as it is in time.

Jo C. :

If this is a red light offence then as long as you did not go after it a very long time after it turned red then it will just be a S36 RTA matter.

Jo C. :

That attracts 3 points and a fine.

Jo C. :

they might actually offer the red light awareness course.

Jo C. :

That would be great if they do as that avoids points.

Jo C. :

If there was a number of seconds between your crossing and the light turning red then they could charge this as driving without due care and attention.

Jo C. :

That does not often happen but it could.

Jo C. :

If so, that carries 3 -9 points and a fine.

Jo C. :

You can plead by post to S36 RTA or you can go to court.

Jo C. :

Can I clarify anything ?

Jo C. :

Jo

Customer:

So the magistrate might come back with a decision made then I won't have to go to court? If I ring the number on this letter tomorrow do you think they will tell me what might happen?

Jo C. :

No. They will tell you they cannot give legal advice.

Jo C. :

If this is a S36 RTA offence then you can plead by post.

Customer:

Also I didn't even cross the junction I only crossed over the line then stopped & the camera went off

Jo C. :

That is not the issue I'm afraid.

Jo C. :

The issue is whether you crossed the white line or, if that is broken badly, the traffic light.

Customer:

Ok how do I plead by post then please?

Jo C. :

They will send out forms with the summons.

Jo C. :

All you have received at this stage is a letter from the police that they have reported this of prosecution.

Customer:

Ok thank you, ***** ***** standard red light offence that they issue these letters re. Going before a magistrate? This is what's worrying me why haven't they asked me driving licence like they did speeding offence I feel as if there's more to it & it's ominous which I'm scared about, why haven't they just told me that I'll get points & a fine?

Jo C. :

No. They can issue fixed penalties or the red light awareness course.

Jo C. :

There could be lots of reasons they have done this. They may be in time difficulties. Or they may not have the course available locally.

Customer:

Ok thanks time I'm worried sick but I'll just have to wait & see

Jo C. :

I'm sure it will just be a S36 RTA matter and attract 3 points and a fine.

Jo C. and other Law Specialists are ready to help you