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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice.
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I have received a NIP for Motor vehicle fail to comply

Resolved Question:

Hi I have received a NIP for
Motor vehicle fail to comply with red/green arrow/lane closure flashing light signals recorded speed 56 ( think its 40 on that road) time in to red light 1.1 will I receive red light offence and/or speeding as I already have 6 points I know I'm an idiot!
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
They could do that but it doesn't really make all that much difference.
Come what may, two offences have been committed. They could charge both and send it to court. However, because they were both committed at the same time, although they would lead to three points each and that would show on your licence, there would only be one set of three points active for the purposes of the DVLA.
That would place you on the cusp of disqualification for totting with nine points but not quite there.
The only risk though is that there is an outside chance they could charge you with driving without due care and attention and use that charge to encompass both offences. That said, I am not sure you would get six points for this anyway unless there was some substantial aggravation like travelling past lights that were long since red.
Most likely they would just choose the red light offence and summons you for that.
Even if they do you can always argue that exceptional hardship applies to avoid a ban for totting. You do have to show grounds and the burden of proof rests with you. You need to be aware of the fact that it isn't easy to achieve but it can be done.
Also, bear in mind that points are only valid for the purposes of totting for three years so unless your other six are within that period they won't apply.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Hi Jo,
Thanks for your swift response, I would be happy with points and a fine as 3 previous expire sept 6 2015 what should I do??
Expert:  Jo C. replied 2 years ago.
They are just in then.
There aren't really any steps you can take that will improve. It is just a waiting game to see what action they take.
I would imagine they would just give you a fixed penalty though for red light offences.
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