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Hello. I have just responded to a Notice of Intended prosecution under the 'Careless and Inconsiderate Driving' section. I crossed a level crossing while the lights were on red and have replied with an apology and some mitigating circumstances that do not excuse the offence.
I am incredibly anxious about what may happen. Are all offences such as these taken to court?
On that morning I had sneezed four or five times on the approach to the crossing and I didn't recognise the signal. I think it is probably the first time I've ever come to a crossing like that and, unforgivably and inexplicably, I went through. The NIP form mentions that there is video evidence of me going through on red and I actually realised that what I'd done when I looked in the mirror to see the gates start to descend after I'd passed through. I'm was confused on the approach and I think I may have even thought the gates had just come up after being down.
I have no points on my licence currently and haven't had for a long time. I need to drive for my work and I will be financially 'wiped out' with a large fine. I feel so stupid.
What is likely to happen and do all these types of offences automatically go to court?
How quickly does all this happen?
I think I went through after red light of 5 seconds. That isn't good, but te barriers were still up as I entered. Does sneezing and confusion constitute any defence and is it worth getting representation in court?
I currently earn £650 per week and (when able to afford it) a dividend from my company of £3000 per quarter. How does that work for the fine?
What do you mean by 'trying to find an alternative'? How long can a ban last?
I am currently applying for a job that requires me to drive. Is that of any interest to a court?
Is it a good idea to get representation and can that make a real difference? You say that they try not to ban immediately. Does a clean driving licence help in this respect? Why wouldn't they ban me for six months?
Just a couple of final questions.
Given your experience and clearly I won't hold you to this, what is the likely outcome given everything I've told you and a 'average' court?
How long can this take for a court date?
I really was sneezing in the car and I really don't remember ever coming to a level crossing in my driving history. Are these likely to aggravate and is it best to just express my regret, emphasise how a ban might adversely affect me and apologise?
Sorry Jo. What does it say on my licence if I have a ban?
If I have a ban do I also have points?
How long can the whole process take Jo?
Hi Jo,Me again. Can I ask what are the range of seriousness of types of Careless driving offences and where might my 5 second red light at level crossing fit on the continuum?