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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11695
Experience:  30 years as a practising solicitor.
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As i went through the traffic lights on a T junction turning

Customer Question

As i went through the traffic lights on a T junction turning left the lights changed to red and the traffic ahead of me stopped therefore i also stopped before the next set of red lights .A POLICE VEHICLE put their siren on with blue lights asked me to pull in a bit further up and accused me of going through a red light .I TRIED TO EXPLAIN that i had not went through the red light but they were adamant and more or less told me to explain this to the judge .My 16 year son was with me as i was dropping him off to school but they were trigger happy .PLease advse as i have a clean licence and have been driving responsibly for around 42 years . many thanks in anticipation .
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scoland.
The offence is committed if the front wheels of the car go over the stop line when the light is red. The police get this wrong all the time. Not sure what you mean by you missed the citation date. Did you get a fixed penalty or did you miss a court date?
Was your son watching your driving to the extent that he would be a useful witness (rare with a passenger)?
Customer: replied 1 year ago.
thanks for ur reply it is obvious to me that i definitely did not go through on a red light .I have missed the 27th november date by which i was to answer the complaint .I thought i was to reply by then but apparently this was a court date set for 10 oclock on that date .This is correspondence from the PF s office so i phoned them to say i didnt realise i was to appear and was told that i should hear from them for anew date for 14th dec and that i must appear in person and not send in a letter .My son saw everything and totally agrees that the accusation is totally incorrect .
Expert:  JGM replied 1 year ago.
It sounds like they have not taken a warrant for your arrest but that they have continued without plea. They want you to attend because you didn't answer the initial court date.
You can attend and plead not guilty and they will fix an intermediate diet and a trial diet. You may want to find a road traffic solicitor to do the trial for you. In particular there are ways of cross examining two police officers who "corroborate" each other and specialised RT solicitors know how to go about it.
Customer: replied 1 year ago.
Would it be ok to appear myself and explain what happened and attend court myself and can my son who is 16 yrs of age be a witness .The police vehicle was waiting at traffic lights [dog branch van] in the opposite side of the junction to my RHS and 3 or 4 cars behind from the front of their traffic lights therefore would not even clearly know the speed or sequence of the lights .thanks .
Expert:  JGM replied 1 year ago.
It is perfectly legal for you to represent yourself. Note that the court won't be interested in anything except your not guilty plea at the next court date and won't be hearing explanations or evidence from anyone. That won't happen until the trial diet so you'll have three diets: the pleading diet, the intermediate diet to establish state of preparation and the trial diet. You will have to know a bit about trial procedures so read the Criminal Procedure (Scotland) Act 1995 which you can get online. Do not expect the sheriff or the procurator fiscal to advise you; they won't. At the initial diet you wil asked quite simply whether you are pleading guilty or not guilty. That is all so you won't be able to resolve this at the pleading diet. For completeness, note that whilst it is legal for you to represent yourself, I do not recommend it.
Customer: replied 1 year ago.
many thanks for that .I willthink this over and will contact u if required .Meantime i appreciateur considerations and input as i am not familiar with court procedures but would not like to be treated like a lamb at the slaughterhouse !.
Expert:  JGM replied 1 year ago.
You're welcome.