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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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What penalty can I expect after running a red light at 38 miles

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What penalty can I expect after running a red light at 38 miles an hour in a 30 mile speed limit.I have never had any points on my licence after 30 odd years of depriving as this was a moment of madness.looking for an answer in scottish law
Thank you for your question. My name is ***** ***** I will try to help with this.
The law upon road traffic is the same throughout the UK.
They will charge it as a red light offence under S36 RTA. It is possible they could bring a speeding offence as well but it will not make any difference.
There is an outside chance that they will charge the whole thing as driving without due care and attention but not likely. That is usually preserved for people who cross red lights several seconds after the light is red.
S36 carries 3 points and a fine. They may give you 3 points for the speeding as well which will show on your licence but be encompassed with the points for the red light offence for the purposes of the DVLA. There should not be a separate fine.
There will also be costs of £85 if you plead at first insance.
Can i clarify anything for you?
Customer: replied 3 years ago.

There is a possibility I did crosss after afew seconds what would the penalty be for driving without due care and attention

They don't always charge without due care.
If they do then quite often people only get 3 points anyway but a slightly higher fine.
The offence does carry 3-9 points and a potential ban but they would only be looking at the higher penalties if you crossed literally some 5 seconds after the lights went red which is quite a long time. You would know about it if you had done that.
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