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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10913
Experience:  30 years as a practising solicitor.
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I have a summons fom the Pocurator Fiscal alleging that i failed

Resolved Question:

I have a summons fom the Pocurator Fiscal alleging that i failed to stop at a red light with a "red light camera". The summons states vehicle type as a car but I was driving a bus. In the bus I have a very different stopping times. Should I write to the PF explaining this and ask that he drop his intended prosecution?
Kind regards, JD
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
If you have tried to discuss this already at the conditional penalty stage and the PF has already dismissed your argument them there is little point in you trying to do the same now that a summons has been served.
What you can do is instruct a solicitor who may have better luck in discussing this with the PF. In other words the PF rarely engages with an accused person but is more likely to do so with his solicitor. And in any event if the case proceeds to trail you would be better to have an experienced road traffic lawyer with you to conduct your defence.
The fact that the motor vehicle is referred to as a car instead of a bus is something that the PF can amend in court. If you are saying that it is permissible for a bus to go through a red light because of its stopping distance then you solicitor would have to produce some kind of legal authority for that proposition. I've had a look at the resources I have and so far can't find any.
Happy to discuss further.
I hope this helps.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10913
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello thank you. No, not saying buses are permitted to go through red lights but am saying there are situations when it is safer for passengers and other road users for a large vehicle to proceed. Thank you for clarifying the "vehicle type" situation.

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