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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71273
Experience:  Over 5 years in practice
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Morning I have been sent a summons for going through a red

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Morning I have been sent a summons for going through a red light, as I remember I was travelling at the 40mph speed limit in a medium size van ( Renault traffic ) and ended up with my front wheels crossing the line but stopping with the white line roughly where my mirror is, the camera flashed once as I crossed and a second when I was stopped I hadent gone any further and no where near the second markers in the centre of the junction, how do I stand with this is there an allowed braking distance safely as my whole viechle hasent crossed the line or even gone through the junction I wouldn't even say I was half way over the line ? Just seems harsh as I'm in a big van and didn't want to brake so hard as to maybe someone to hit me from behind, how do I stand with this ? Thank you.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

have you got any other points on your licence?

Customer: replied 17 days ago.
6 and I am an electrician so my licence is important to me

Ok. What are the dates of them and the date of this offence?

Customer: replied 17 days ago.
1 was 6 months ago and the other 2 years ago almost,
This only happened about a month ago

Ok.

Are you certain this is a summon?

Can you take a photograph of it on your phone and upload it?

Customer: replied 17 days ago.
I haven’t got it to hand but they want to give me 3 points and £100 fine

Is there any chance you could do it later and revert?

It is quite important. If they have summonsed you it is game over.

I suspect this isn't a summons though.

Customer: replied 17 days ago.
This is the second letter
Customer: replied 17 days ago.
This one was the first to come through

Ok. Is this a red light or an amber one?

Customer: replied 17 days ago.
Not sure what you mean

Did you cross the light on red or on amber?

Customer: replied 17 days ago.
Amber

You have two options. They are in time and they have offered a fixed penalty.

You can either accept the fixed penalty or refuse it . It is really no more complicated than that.

If you accept it then it will lead to 3 points a fine as you can see.

If you refuse it then a number of options open up to you. You could write to them asking for the red light awareness course although they will probably refuse. You could also wait to see if they remember to summons you. They do often forget so you may be lucky.

You do also have a defence. The law requires you to stop always on red and on unless Doing so would cause an accident. That seems to be what you are saying.

However, you should be aware that is never that simple and magistrates are generally biased in favour of the Crown. I don't think that anybody would suggest that they are a fair tribunal.

Can I clarify anything for you?

Jo

Customer: replied 17 days ago.
Thank you for your help much appreciated

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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