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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75079
Experience:  Over 5 years in practice.
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I have been summonsed for crossing a solid lin caught on an

Customer Question

i have been summonsed for crossing a solid white lin caught on an of duty police officers web cam, i havent been interviewed or giventhe opportunity to see the evidence yet, i feel i nedt go to court to at least see the evidence but am worrid i will get a worse fine if found guilty
JA: What state was the citation in? And have you consulted a local attorney?
Customer: no i live in Scotland, the citation is in Cumbria England are you UK?
JA: Do you need to appear in court?
Customer: i feel i nedto to at least seet he evidence as i havent yet, it feels wrong to plead guilty if i havent even seen what they have got
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 12 days ago.
Category: Traffic Law
Expert:  Jo C. replied 12 days ago.

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

can you give me the background to what happened please

Customer: replied 12 days ago.
I was travelling through Cumbria late September on the A6, when i got home the day after i received a notice of intending prosecution asking for details of the driver of my car, the form gave a brief description "failure to follow a traffic sign" or similar.
I filled out the form and sent it back within a day, they have acknowledged receipt on 3rd October
I heard nothing else until the 2nd November when i got a voice mai lfrom a PC Smith asking me to call in conection with interviewing me about an alledged traffic offence.
I returned the call on the morning of 3rd November initially leaving a voicemail and then at about 11.30 am PC Smith returned my call.
I asked him for some details about what I had been reported for and PC smith provided a brief explanation that I had been filmed on his dashcam crossing a solid white line entering a hatched area on the road whilst overtaking a goods vehicle.
When I asked about being interviewed PC Smith assumed that I wouldn’t travel from Glasgow for this purpose and then said that his Sergeant had already submitted the papers to court and that I could expect a Court summons within a few weeks.
I am disappointed that I have not been afforded the opportunity to be interviewed or view the evidence presented before being summonsed to Court.
PC Smiths account given on the phone does differ from the statement of facts on page 2 of the MG4E Traffic Form in that he told me that the solid line bordered a hatched area, whereas his statement of facts refers to double solid white lines.
Customer: replied 12 days ago.
I have now received the court summons (6/11/2019)
Customer: replied 12 days ago.
I have travelled South from Scotland on several occasions during October so could have amended my schedule to facilitate an interview and viewing of the dashcam footage.
I understand that had this been organised and that I had had the evidence proved conclusive and I accepted responsibility for the offence ,I could have been afforded the choice of a fixed penalty notice.
I do not understand why I had not been contacted earlier during the month since I returned the T12 Form and that when I was contacted the papers had already been submitted to court.
Customer: replied 12 days ago.
I am now facing a potential means tested fine
Expert:  Jo C. replied 12 days ago.

Is this S36 RTA 1988?

Customer: replied 12 days ago.
Legislation 760, CCJS Code RT88760
Customer: replied 12 days ago.
schedule 9 traffic signs regulations and general directions 2016 ans sched 2 ofthe road traffic offenders
Expert:  Jo C. replied 12 days ago.

Can you upload the summons sheet so that I can see the offence?

Customer: replied 12 days ago.
ok
Customer: replied 12 days ago.
just scanning now
Customer: replied 12 days ago.
attached
Expert:  Jo C. replied 12 days ago.

Thanks for the information

 

It is S36. It carries 3 points and a fine.

 

Unless you have 9 points on your licence you will not be subject to disqualification.

 

Hope this helps. Please let me know if you need more information.

Customer: replied 12 days ago.
ok so the fact they havent given me the chance to view the evidence is not significant?
Expert:  Jo C. replied 12 days ago.

Not for the purposes of a first appearance.