How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71158
Experience:  Over 5 years in practice.
Type Your Traffic Law Question Here...
Jo C. is online now

I have received a NIP for Motor vehicle fail to comply

This answer was rated:

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!
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?
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??
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.
Jo C. and other Traffic Law Specialists are ready to help you