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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience:  Over 5 years in practice
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I passed my driving test at 08.30 on 17th May 2013.

Resolved Question:

Hello
I passed my driving test at 08.30 on 17th May 2013. I have a clean license and have never in the past been in trouble with the police. Last night at 11.39 I was caught speeding by a police officer with a hand held gun; I did not see him or his car and it was very dark. I was driving 43 through a 30 road. He claims he waved me to stop, but he was not visible, so I continued. A few minutes later, I saw blue lights behind me, so I stopped. He spoke to me with no respect and treated me like a drunken criminal. He claimed I was speeding and apparently I also drove through a red light at a roundabout. I am not aware of driving through the light but don't deny speeding. He also seized my car; saying he took it because I failed to stop.
I have been unable to get my car today because the compound is locked and will have great problems tomorrow as I can't get to work on public transport.
He asked me how long I had had my license for and I said 2 years today. He smugly told me I would be taken to court and my licence would be revoked because two years wasn't up until midnight. Is this right? I am presently under immense stress, after two bereavements in the last three months and can't understand why he has been so callus. I passed my test early morning on 17th so surely my two years was up early morning today. Please help!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

If I did unknowingly drive through a red light, and get points for speeding, the officer said I would have my license revoked because he claims I have not had my license for 2 years ; 20 minutes under two years. The offence happened at 23.39 on 16th May 2015 and I passed by test on 17th May 2013 at 08.30 in the morning. Would the courts consider this as 2 years or would they split over hairs?

Thanks

Expert:  Jo C. replied 1 year ago.
I am sorry but if this took place before the two years was up then you are within the first two years of driving. The law is the law.
However you would only get 3 points for the red light offence.
The speeding offence took place at the same time so the points would run concurrently rather than consecutively. You are at risk of 4-6 points or a short ban for a speed of this level in this speed limit zone.
Obviously you could get 6 points and be revoked but generally speaking courts do not impose the highest amount of points on a first offence. I suppose there is the aggravation of the red light offence but they should not give you more points for that reason.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

As the officer wasn't visible, in a poorly lit area with no moonlight, did he have sufficient grounds to seize the car for failure to stop? I stopped as soon as blue lights were illuminated.

Thanks

Expert:  Jo C. replied 1 year ago.
The issue isn't whether or not he was visible but whether he has complied with the requirements which are only to either illuminate his lights or to stand with one hand raised at the approaching vehicle.
There is fairly clear case law on what is required.
They probably won't pursue the failing to stop though.
However, it does give him grounds to seize. He only needs the barest suspicion to do that.
Customer: replied 1 year ago.

Do I have the right to see their in-car video footage of me driving through the light, as when I passed it was amber.

thankyou

Expert:  Jo C. replied 1 year ago.
If you passed when it was amber then that is an offence.
You are required to stop on amber unless to do so would cause an accident and always to stop on red.
Customer: replied 1 year ago.

I wouldn't like to say for sure due to the lights changing as I approached them but the officer said everything had been recorded on video. Therefore do I have the right to see this footage to clarify the matter.

Customer: replied 1 year ago.
Relist: Incomplete answer.
No reply
Customer: replied 1 year ago.
Relist: Incomplete answer.
No reply
Expert:  Jo C. replied 1 year ago.
Not before you accept a fixed penalty offer or enter a plea at court.
You could ask for it before trial but then you would have to plead not guilty which would rack up costs.

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