Driving offences and court

Beerbaron

Beerbaron

Beerbaron

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My dad recently got caught going through a red light and going round parked cars. The lights are temporary for road works in some country lanes. My dad has gone passed these same set of lights for at least a week and at times they dont work. My dad pulled up to the lights behind another driver and stopped, she then drove away and he followed. They were both then pulled over by a police car. There was no traffic coming in the other direction either.

He was sent a letter several week ago about going to court. He admitted to the offences which were 3-9 points. He couldn't attend as he was working so posted the letter through the door of the courts. Today he received a letter saying due to the severe nature of the offence they are thinking of banning him or if he doesnt attend a warrant for his arrest will be issued :confused: Seems a little extreme. He has no points on his licence and the last i checked you needed 12!

What is involved in going to court? I have never been nor has he. He called the courts but no one was available. Can i go with him and does he need to prepare anything before hand? The letter the court sent lacks any info.
 
There are 2 offences. One is 6 points and one 3. I have seen the summons. I dont understand why they say 3-9 points and now they are threatening to arrest him since he pleaded guilty. The other driver likely got summoned as well. I think his events are slightly different from the police officers. The policeman's report had the name of the village spelt incorrectly and had my dads surname as the same as the other drivers. This has changed on the latest letter. The police officer said they were doing 20-25 mph although this wasnt true as they pulled away from a stopped position. They were doing less than the speed limit so its irrelevant.

Im more interested in what is involved at going to court.
 
What offence was he reported for?

I thought I read some time ago that temporary traffic lights used at roadworks aren't generally enforceable, so maybe he has been reported for an offence such as driving without due care and attention.
 
This is what the cases are;


....failed to comply with the indication given by a traffic sign, namely a red light light traffic signal, lawfully placed on or near a road, namely B**** (name of road) contrary to section 36(1) of the road traffic act 1988, regulation 10 of the traffic signs regulations and general direction 2002 and schedule 2 of the road traffic offender act 1988. Contrary to section 36(1) of the road traffic act 1988, regulation 10 of the traffic signs regulations and general directions 2002 and schedule 2 of the road traffic act 1988.

...drove a mechanically propelled vehicle, namely (dads reg), on road namely B**** without due care and attention. Contrary to section 3 of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988. Contrary to section 3 of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988.
 
Thats why - he's been charged with Driving without Due Care which is a more serious offence than the traffic light offence. There must have been something else not right about his driving as well.
 
How i read the first letter they sent it was for overtaking 2 stopped cars and going in to the right hand lane when he overtook. Its still only a total of 9 points. Can the courts then decide to change the number of points for these offences?

What does my dad need to do in court, just turn up?, make a statement?
 
Hang about, it sounds like the overtook traffic that was queing at a red light, and drove through the red light aswell. If that is the case, its pretty indefensible.

What exactly happend?
 
No traffic in the other direction, but a police car and at roadworks?
Were there any people working there at the time?


IIRC they tend to be a little less forgiving when people ignore traffic signs/signals around where people are working in/on the road, which may account for he due care and attention.
 
mattyfez said:
Hang about, it sounds like the overtook traffic that was queing at a red light, and drove through the red light aswell. If that is the case, its pretty indefensible.
Click to expand...


Aye.

Beerbaron, most motoring offences have a variety of different points/fines the court can impose depending on the severity of the offence and any mitigating (or exacerbating) circumstances.
Best bet is probably for your dad to be honest and not muck around, as if they have to issue an arrest warrant he could end up in the cells overnight, and it will make things worse (just having to issue a warrant will make it more serious).
 
I am looking at what the police officer wrote in his statement in the letter my dad received. It doesn't state anything more than he drove around 2 queuing vehicles on the other side of the road at the lights and followed another car through the lights when they were apparently red.

I have been corrected. My dad said it wasnt road works it was because a car had crashed into metal railing so they taped off part of the lane so no workers.

He is going to attend the court hearing as just wants it sorted. He wont muck anyone around as this is his first offence.
 
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So he drove around two vehicles which were waiting at a red traffic light, in order to drive through that red traffic light?

They had traffic lights there because a car had crashed?

Eh?
 
the car wasnt there, the railings were bent. there were parked cars on the road and he thought that this was the case at the lights as well as the car in front was next to them. he just pulled up behind it. he didnt intentionally drive through the red light as he actually stopped at them before following the traffic in front.

i need to point out he couldnt see the lights due to cars queuing/parked to his left
 
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I'm sorry but if he thought a car waiting legally at a set of traffic lights was parked, so he drove around it in order to drive through the red light, then its no wonder he's up on driving without due care and attention.

Which carries a possible ban.
 
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