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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75277
Experience:  Over 5 years in practice.
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I've recently been pulled over by police because my brake

Customer Question

Hey
JA: Hi. How can I help?
Customer: I've recently been pulled over by police because my brake lights were faulty. This is my first time being pulled over after just two months of getting a car. I read online that for an offence like that, im supposed to get a vehicle rectification notice Instead i got a conditional offer for a penalty charge for driving a dangerous vehicle. If I accept the penalty charge, I end up with 3 points on my license
JA: Since laws vary from place to place, where is this? And when did this happen?
Customer: This was in london and it happenned on monday
JA: Do you need to appear in court?
Customer: If I refuse the penalty charge, I will have to appear in court But I've never been to court before and I would hate to have a criminal record
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing else
Submitted: 10 days ago.
Category: Traffic Law
Expert:  Virtual-mod replied 10 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Jo C. replied 10 days ago.

Hi.

Expert:  Jo C. replied 10 days ago.

How can I help with this please?

Customer: replied 10 days ago.
Yes go ahead please
Expert:  Jo C. replied 10 days ago.

Ok, so what do you want to know???

Customer: replied 10 days ago.
I’ve recently been pulled over by police because my brake lights were faulty. This is my first time being pulled over after just two months of getting a car. I read online that for an offence like that, im supposed to get a vehicle rectification notice Instead i got a conditional offer for a penalty charge for driving a dangerous vehicle. If I accept the penalty charge, I end up with 3 points on my license
This was in london and it happenned on monday
If I refuse the penalty charge, I will have to appear in court But I've never been to court before and I would hate to have a criminal record
Customer: replied 10 days ago.
Is the situation worth taking to court? Do I get a criminal record if I don’t win the case?
Expert:  Jo C. replied 10 days ago.

Thank you.

Vehicle defect offences do very much depend Upon the discretion of the officer. It is very difficult because many officers would have just given you a notification. The difficulty is though that if your brake lights for faulty he that is a fairly significant vehicle defect and come what may he has chosen not to do that here.

If you take this to court you do not actually have a defence to the charge. Your real complaint is that they have exercised their discretion against you. The remedy there would be to judicially review that decision but that is not really a realistic application for most people. Paragraph are very sorry but you have to be realistic about what can be done at reasonable cost an Wat is worth pursuing.

If I were you then I think I would take the points.

Can I clarify anything for you?

Jo

Customer: replied 10 days ago.
Okay then
Customer: replied 10 days ago.
Thank you
Expert:  Jo C. replied 10 days ago.

No problem and all the best.

Please remember to rate my answer.

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/

 

Customer: replied 10 days ago.
Okay thank you
Expert:  Jo C. replied 10 days ago.

Welcome.