Driving offences and court

[Beerbaron]

he admitted to it as he did what the police officer pretty much stated. it seems pretty harsh seeing as he was only following the car in front. if it carries a ban (although the previous letter said 3-9 points) i doubt the judge would opt for this as my dad is self employed and doesn't work at a fixed location. he would cause my dad to start start claiming benefits if he did.

the lights have generally been faulty when he has drove though them previously but i dont think he could even see them this time due to the other cars. he stopped at the lights briefly and then followed the car in front when she went so assumed that the lights were green.

 

[Castiel]

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?

That would be the minimum sentence I would suspect. As he has been charged with driving without due care and attention and considering the circumstances of what he done, (overtaking queued traffic at a red light with the express purpose to ignore that signal to stop) I would suggest he appears at court to plead his case.

They can certainly ban him for this and impose a substantial fine.

The maximum penalty for Driving without Due Care and Attention alone are a mandatory 3-9 points, £2,500 fine and a discretionary disqualification.

I wouldn't be surprised if he got at least 9 points and the fine.

this may be of some help.


http://www.driving-law.co.uk/offences/careless_driving.asp


The separate traffic light offence is also enforceable with a 3 point and up to £1000 fine.

http://www.driving-law.co.uk/offences/traffic_lights.asp

It seems strange that he is charged with the offences separately when they are to all intents and purposes the same offence.

I would get some proper legal advice If I were your Dad, especially as he needs his licence for work.

 

[[TW]Fox]

he admitted to it as he did what the police officer pretty much stated. it seems pretty harsh seeing as he was only following the car in front.

If the car in front was doing 155mph would he have done that as well?

We dont really know what happened, we only have your Dads word for it. But from the charges it seems like he did something rather stupid *and* went through a red light. This would fit with the idea some people have that he simply drive around the patiently queing traffic. Though even that might not be enough to trigger a Driving without due care?

if it carries a ban (although the previous letter said 3-9 points) i doubt the judge would opt for this as my dad is self employed and doesn't work at a fixed location.

If driving is so important to your Dad why doesnt he stop at red traffic lights like everyone else has to?!

 

[Beerbaron]

If the car in front was doing 155mph would he have done that as well?

I take your point.

If driving is so important to your Dad why doesnt he stop at red traffic lights like everyone else has to?!

He did actually stop at the lights, he just set off again whilst they were still red

 

[[TW]Fox]

He did actually stop at the lights, he just set off again whilst they were still red

He did something else as well or he'd have just been given a fixed penalty notice for a traffic light offence.

 

[Rainmaker]

the lights have generally been faulty when he has drove though them previously but i dont think he could even see them this time due to the other cars. he stopped at the lights briefly and then followed the car in front when she went so assumed that the lights were green.

Which is pretty much textbook 'due care and attention', no? Good luck to your dad at any rate.

 

[Castiel]

He did something else as well or he'd have just been given a fixed penalty notice for a traffic light offence.

I would suspect that he got bored waiting and pulled out from behind the queuing traffic and booted it through the lights cutting up someone coming in the opposite direction. (probably the Coppers).

 

[[TW]Fox]

I would suspect that he got bored waiting and pulled out from behind the queuing traffic and booted it through the lights cutting up someone coming in the opposite direction. (probably the Coppers).

I agree.

 

[LordSplodge]

You don't have to get 12 points to be banned. Certain offences can carry a ban regardless.

 

[Castiel]

You don't have to get 12 points to be banned. Certain offences can carry a ban regardless.

Likewise you can get more than 12 points and retain your licence. (rare but it happens)

 

[Danthus]

the lights have generally been faulty when he has drove though them previously but i dont think he could even see them this time due to the other cars. he stopped at the lights briefly and then followed the car in front when she went so assumed that the lights were green.

So he knew the lights were there, not seeing them doesn't seem a valid excuse too me.

 

[Beerbaron]

he has accepted that he is likely to get points but doesn't know what happens in court, a question no one has answered yet. will he just have to explain his actions and then the judge gives his decision?


he followed another vehicle who was also named on the police statement at allegedly 20-35 mph so not booting it. apparently she went nuts at the police officer complaining the lights never work

 

[[TW]Fox]

We've had so many different stories in this thread alone.

First the thought they were broken so went through on red.
Now apparently he thought they were green? Even though he had to drive around other cars to go through?

 

[Danthus]

......

he followed another vehicle who was also named on the police statement at allegedly 20-35 mph so not booting it. apparently she went nuts at the police officer complaining the lights never work

So what, as Fox alluded too, if she ran someone over would your dad do the same?

 

[Rainmaker]

he has accepted that he is likely to get points but doesn't know what happens in court, a question no one has answered yet. will he just have to explain his actions and then the judge gives his decision?

5ive-o.org has a decent Court FAQ on their forum. It's run by police officers and magistrates, so worth a read. You could also post on there for a more considered response.

 

[Beerbaron]

the lights are broken quite often but i dont think he saw them this time. he just followed the car in front. the women driver in front was the one saying they never work. not sure if they were or werent on this occasion.

he has done what he has done for what ever reason thats not what i was originally querying, just the process of being in court.

 

[Beerbaron]

5ive-o.org has a decent Court FAQ on their forum. It's run by police officers and magistrates, so worth a read. You could also post on there for a more considered response.

Thanks i will give that a read

 

[Danthus]

the lights are broken quite often but i dont think he saw them this time. he just followed the car in front. the women driver in front was the one saying they never work. not sure if they were or werent on this occasion.

Not seeing them and when you know they are there pretty much says due car and attention too me.

Slightly off topic, what do you do if you are stuck at a red light that doesn't appear to be changing?

 

[Jokester]

I think you're supposed to call the police and wait for them to come and direct traffic (!)

 

[stockhausen]

... The lights are temporary for road works in some country lanes. My dad has gone past these same set of lights for at least a week and at times they don't work. ...

... My dad said it wasn't road works it was because a car had crashed into metal railing ...

... it was for overtaking 2 stopped cars and going in to the right hand lane when he overtook. ...

Does you Dad drive a BMW by any chance?