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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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Red Light Offence - In June last year I was driving along the

Customer Question

Red Light Offence - In June last year I was driving along the A217 into Central London on a motorbike - the road is a dual carriageway but has a junction controlled by a Traffic Lights allowing cars to turn right. On the day in question the traffic was moving slowly and I filtered along the right side of the cars present at 25mph in a 40mph limit. I was not turning right but clearly did enter the right turn lane. This meant that inadvertently I activated the Red Light Camera some 32 seconds after it first went to Red. No other vehicles were in the right turn lane.
The paperwork eventually arrived on November and was returned to the court with a letter explaining why I wanted to enter a Not Guilty plea - this has been reviewed and obviously not accepted resulting in a court date set for the 18th Jan.
Am I wasting my time trying to defend my actions? If guilty as charged what is the correct procedure to cancel the court appearance or what I would prefer is not to attend if the outcome will be the same.
Many thanks, Mark
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry but I am not clear how you activated the camera if you didn't pass the red light?
Customer: replied 1 year ago.
The road is a dual carriageway but at the junction in question there is an extra lane for traffic turning right - the two main lanes and the right filter are controlled by separate traffic lights. Although I was going straight ahead I entered the empty right filter lane because on a motorbike you can, but inadvertently activated the camera which would have presumed I was turning right - hope this is clearer - I have the photos from the camera which make everything very clear. Thanks Mark
Expert:  Jo C. replied 1 year ago.
Did you pass the white line at the red light camera?
Customer: replied 1 year ago.
I have attached an image from the camera - this shows I was going straight ahead but to answer your question - Yes I must have passed over the white line
Customer: replied 1 year ago.
The traffic light had been red for 32 seconds according to the witness statement
Expert:  Jo C. replied 1 year ago.
Thanks. That makes it clearly.
You have crossed the red light I'm afraid. There is no defence in saying that you didn't intend actually to turn in the direction of travel. The offences lies in disregarding a traffic sign.
You can plead guilty by post though. They will probably just offer a fixed penalty or maybe even the red light awareness course.
It is not likely you would be summonsed to court unless you fail to accept one of these offers.
Can I clarify anything for you?
Jo
Expert:  Jo C. replied 1 year ago.
Actually if it had been red for 32 seconds then that would change things.
They could summons you to court for driving without due care. You can still plead by post.
Customer: replied 1 year ago.
Thank you - thought this is what might be the case. My earlier Not Guilty letter plea clearly cut no ice therefore the case has been referred to full court on the 18th January - can I still enter a Guilty Plea by post or do I have to attend court?
Expert:  Jo C. replied 1 year ago.
Ok.
It might be worth asking the court to vacate the trial date and list it earlier for a guilty plea. It would save you costs if they are willing.
Jo C. and 2 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks and best wishes for the New Year
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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