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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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I have received a notice of Intended Prosecution from Leicestershire

Customer Question

I have received a notice of Intended Prosecution from Leicestershire police, dated 20/2/14. As below:

In accordance with section 1 of the Road Traffic Offenders Act 1988, I hereby give you notice that it is intended to take proceedings against the driver of the motor vehicleXXXXXX.
For the alleged offence of Motor vehicle fail to comply with Red/green arrow lane closure flashing light signals - automatic equipment FAIL TO COMPLY RED TRAFFIC LIGHT (CAMERA); Time into reb 3.6 secs.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.
Hi Jo
I need to know whether there is any time threshold for tred traffic light offence?
As my nip mentions that time into red 3.6 sections, will it straight lead to court hearing or do they give me fixed penalty with out court appearance?
Expert:  Jo C. replied 3 years ago.
Thanks.

They have 6 months to lay an information before the court for this offence. If they fail to do that then they will be time barred.

3.6 seconds after the lights go red is obviously a fairly long time. its not long enough though to support a charge of driving without due and attention.

The fact of 3.6 delay may mean that the red light awareness course is not available but its not likely to lead to a summons to court rather than the fixed penalty. The truth is there isn't very much point in summonsing to court. The offence can only lead to 3 points and a fine which is all that the fixed penalty would do anyway. Its not like speeding where you can get much more points than the fixed penalty.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you Jo
I have seen Dorset traffic light threshold and anything above 2 sec is dealt with court hearing, I tried to get the same information for Leicestershire. However I couldn't find one for them.

I am going to be eligible for my ILR In May , as per the recent rule changes these offences will make my ILR application refused. That's why I am so worried and taking advise to see whether the situation would lead a court hearing?

With police what sort of evidence do they hold? Do they have my photo evidence?

Regards

Expert:  Jo C. replied 3 years ago.
That may well be their policy but it would lead to any greater points in court anyway.

They don't don't hold prints and DNA with an offence of this kind.
Expert:  Jo C. replied 3 years ago.

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