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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70195
Experience:  Over 5 years in practice
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GMP have sent me a notice of intention to prosecute for a

Customer Question

GMP have sent me a notice of intention to prosecute for a traffic light offence of being time into red of 7.8secs. Initially they just want me to confirm I was the driver.
The incident occurred at a pedestrian controlled crossing on Princess Road,A5103, near Christie Hospital. The lights were on red when I approached so I stopped and proceeded when they changed to green.
The photos on the website show my vehicle stopped with the lights on red. There is white line across the road more than a car's length from the crossing so when I stopped at the lights my car was between the white line and the lights, and it appears that the camera is aligned with the white line so it recorded that I crossed the white line 7.8 secs before waiting short of the lights for them to change to green. What should I do ?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

To achieve what?

What are you hoping to do about this?

On the face of it, you seem to accept crossing the white line?

Customer: replied 11 months ago.
There was no indication that I should stop at the white line. I have seen similar situations where the area immediately in front of traffic lights is reserved for cyclists but never seen this marking where the white line is 10 yards from the pedestrian crossing.
I could not find anything in the highway code. I did not pass a red traffic light.
Expert:  Jo C. replied 11 months ago.

The law requires you to stop before the white line unless the white line is so badly broken that it cannot be seen in which case the law requires you to stop at the traffic light.

Plead guilty. You do not have a defence.

I'm very sorry but the law of road traffic is of strict liability and there is no defence in saying you did not know.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
I am afraid that if I plead guilty to what on the face of it sounds horrendous ie going through a red light 7.8secs after changing to red, the court will not be properly aware that in this case I did not actually pass a red light or endanger anyone.
Customer: replied 11 months ago.
If I plead guilty will the court be aware that I did not actually drive through a red light 7,8 secs after it turned red which would obviously be very dangerous ?
Expert:  Jo C. replied 11 months ago.

Is it charged as S36 RTA or driving without due care and attention?

Customer: replied 11 months ago.
The notice of intention to prosecute is initially requesting the name of the driver. The alleged offence is "Fail to comply with a traffic light signal (camera)"
Expert:  Jo C. replied 11 months ago.

That is S36 RTA.

If it is 7 seconds after then they could prosecute it as a driving without due care.

Customer: replied 11 months ago.
Thank you for your advice. Please confirm that your advice is to submit the form identifying me as the driver and when the notice of prosecution arrives, I should plead guilty and draw the court's attention to the circumstances in that I did not drive past the red light, stopping after the white line but before the red lights showing on the pedestrian controlled crossing.
Expert:  Jo C. replied 11 months ago.

There is no way around complying with the S172 request. If you do not they will charge you with failing to identify which carries 6 points and a much higher fine.

You can mitigate on that basis on the court forms.

They may offer you the fixed penalty though.

Customer: replied 11 months ago.
Thank you. I'll return the form today and let you know how they respond.
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.

Please remember to rate my answer.

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