Author Topic: To court, or not to court - that is the question!  (Read 14369 times)

Offline RedRobin

  • Forum addict
  • *
  • Posts: 4,227
  • BIALI Motorsport - Chief Horn Blower!
Re: To court, or not to court - that is the question!
« Reply #20 on: 28 January 2009, 10:08 »
....

The bottom line is that any court can only judge what is set before them and in the light of legislation, and do so on the 'facts' as presented for the individual case.

People here can debate/argue until the cows come home about what they think/believe the law is and what is right or wrong. On matters such as this (and we don't know if there are additional reasons why the OP was 'pulled' or if earlier driving behaviour alerted the policeman), the court is likely to favour the evidence from the Police - It's extremely unusual for the Police to act unfairly by stopping for no justifiable reason.

Btw, changing their car isn't going to prevent someone from crossing amber/red lights or whatever!
:cool: FACEFOOK: https://www.facebook.com/robin.procter.50?ref=tn_tnmn



Throbbin' Red VeeDub GTI Mk5 - DSG, Custom Milltek TBE, Forge Twintake, KW-V3 + Eibach ARBs, AP Racing BigBrake kit, Quaife ATB diff, Revo2

Offline corgi

  • I live here
  • *****
  • Posts: 761
Re: To court, or not to court - that is the question!
« Reply #21 on: 28 January 2009, 10:52 »
My dad was Clerk to the Justices until his recent retirement and now trains Magistrates for the courts service.

Unless you are in danger of losing your licence through "totting up" and you think there is significant doubt then his advice is to pay the fine and accept the points.

The courts will take a dim view if, when it came to it, there was clear evidence that you jumped a red light and you could and should have stopped. Not only would the fine likely increase, they could give you more points and you would, more than likely, have to pay court costs on top as well as the cost of your own representation.

Is it worth the risk potentially to receive say 5-6 points, £200+ fine, court costs and solicitor's fees... when you can accept 3 points and £60...
_____________________________________________
Corgi

Carbon Grey Metallic, GTD 3 Door Manual, Dynaudio and Advanced Phone Prep
In the Garage: 2010 Jaguar XKR 5.0 Supercharged Convertible replaced 2004 911 (996) Carrera 4S Cabriolet (15/3/15)

Offline Rollini

  • GTI forum regular
  • ***
  • Posts: 117
Re: To court, or not to court - that is the question!
« Reply #22 on: 28 January 2009, 11:50 »
My dad was Clerk to the Justices until his recent retirement and now trains Magistrates for the courts service.

Unless you are in danger of losing your licence through "totting up" and you think there is significant doubt then his advice is to pay the fine and accept the points.

The courts will take a dim view if, when it came to it, there was clear evidence that you jumped a red light and you could and should have stopped. Not only would the fine likely increase, they could give you more points and you would, more than likely, have to pay court costs on top as well as the cost of your own representation.

Is it worth the risk potentially to receive say 5-6 points, £200+ fine, court costs and solicitor's fees... when you can accept 3 points and £60...

my thoughts exactly  :wink:

Offline bobotheclown

  • I live here
  • *****
  • Posts: 680
Re: To court, or not to court - that is the question!
« Reply #23 on: 28 January 2009, 12:51 »
unless you were absolutely sure that you didn't do anything wrong then try your luck in the courts, if you have any doubts, accept it as a lesson learnt and stop when the lights are yellow. end of.

Offline R32UK

  • Forum addict
  • *
  • Posts: 5,683
Re: To court, or not to court - that is the question!
« Reply #24 on: 28 January 2009, 13:11 »
Still worth seeking legal advice I would say :rolleyes:

Offline corgi

  • I live here
  • *****
  • Posts: 761
Re: To court, or not to court - that is the question!
« Reply #25 on: 28 January 2009, 14:27 »
Still worth seeking legal advice I would say :rolleyes:

 :rolleyes:

Go for your life... it may be possible to receive a free initial consultation with some practices... but anything beyond that, if you can get the free initial consultation, is going to very quickly exceed the 3 points, £60 fine and the increase in insurance premium that you might experience without going to court.

If you go to court and take legal representation with you it will cost you way more than £60 - some may represent you "no win, no fee" though, even then if you win, OK you have no points but you have your own legal costs to cover... even if the case is dropped without going to court the legal costs are likely to be in excess of £60...

So, on a point of principle, if you are certain you have done nothing wrong then you could argue it is worth persuing; however, from a financial perspective it is not. The best case scenario, if you go to court, is to be found not guilty so no points or fine but you are still left with the legal costs...

I stand by the advice given, it is not worth going to court over this unless you are certain that you did nothing wrong and three points would result in a ban for totting up...
_____________________________________________
Corgi

Carbon Grey Metallic, GTD 3 Door Manual, Dynaudio and Advanced Phone Prep
In the Garage: 2010 Jaguar XKR 5.0 Supercharged Convertible replaced 2004 911 (996) Carrera 4S Cabriolet (15/3/15)

Offline Egbutt Wash

  • I live here
  • *****
  • Posts: 1,094
Re: To court, or not to court - that is the question!
« Reply #26 on: 28 January 2009, 15:29 »
Who remembers:
"Don't be an Amber Gambler, you might not be the only one around."

Those old public information films were sometimes quite memorable, I can never see a car with a blown headlight without thinking; "One Eyed Menace".
Currently digging a bunker.

Offline R32UK

  • Forum addict
  • *
  • Posts: 5,683
Re: To court, or not to court - that is the question!
« Reply #27 on: 28 January 2009, 15:40 »
Still worth seeking legal advice I would say :rolleyes:

 :rolleyes:

Go for your life... it may be possible to receive a free initial consultation with some practices... but anything beyond that, if you can get the free initial consultation, is going to very quickly exceed the 3 points, £60 fine and the increase in insurance premium that you might experience without going to court.

If you go to court and take legal representation with you it will cost you way more than £60 - some may represent you "no win, no fee" though, even then if you win, OK you have no points but you have your own legal costs to cover... even if the case is dropped without going to court the legal costs are likely to be in excess of £60...

So, on a point of principle, if you are certain you have done nothing wrong then you could argue it is worth persuing; however, from a financial perspective it is not. The best case scenario, if you go to court, is to be found not guilty so no points or fine but you are still left with the legal costs...

I stand by the advice given, it is not worth going to court over this unless you are certain that you did nothing wrong and three points would result in a ban for totting up...

As I said in a previous post it would be a good idea to just phone a solicitor and ask them where you stand in reference to the officer not showing you the evidence. They can also request the evidence from the police, I am quite sure and let you know where you stand. Worth it regardless I would say... Even if your not sure if the light was red or amber.

Offline bobotheclown

  • I live here
  • *****
  • Posts: 680
Re: To court, or not to court - that is the question!
« Reply #28 on: 28 January 2009, 15:43 »
Who remembers:
"Don't be an Amber Gambler, you might not be the only one around."

Those old public information films were sometimes quite memorable, I can never see a car with a blown headlight without thinking; "One Eyed Menace".

got any youtube links? I thought amber meant prepare to stop? Might be wrong as it was 19 years ago since i read the highway code.

Offline Teutonic_Tamer

  • Forum addict
  • *
  • Posts: 4,562
  • GreasedMonkey - HoofHearted - GTI now mod'ed, ASK!
Re: To court, or not to court - that is the question!
« Reply #29 on: 28 January 2009, 16:33 »
He doesn't need someone else in the car to report a driver for a red light and he doesn't need to show you the video.

Erm, you are very wrong.  OK, the cop doesn't need a 2nd person to corroborate his own evidence, and nor does he need video evidence either.  However, because the cop did state that the alleged offence was recorded on video, and that that video offence would be used in any court proceedings, then to withhold, when formally requested (and a verbal/oral roadside request is classed as a formal request) ANY evidence is in clear breach of PACE, because it is deemed an obstical to natural justice.  So therefore, any legal proceedings where where refusal to supply evidence is rightfully claimed can be ordered to be thrown out by a Magistrate.

Some Cops really do need to appreciate that they are not above the law.

Also, have a look in the Highway Code for what an amber light means ... then think about if say the road was a 30mph road and you were doing 30mph how far you travel each second at that speed .... 13.4m. Factor in that each amber phase is normally 3 seconds.  You would be 40m away from the stop line, if doing 30mph when the lights change to amber.  23m is the stopping distance in the Highway Code for 30mph (based on old tests) so if dong 30mph you should be able to stop without issues.

I am not suggesting you were speeding - you just need to be aware that if the lights were working correctly you can stitch yourself up by saying you were too close to stop, etc.

I agree with the Highway Code meaning for an amber traffic signal.  Basically, amber means "STOP, only if it is safe to do so".  So whilst you are correct to advise caution about potentially stiching yourself up for speeding.  However, and this is a big HOWEVER - the "STOP, only if it is safe to do so" applies to all other road users who may be affected by your own actions.  For example, if a car was tailgating you, or a car was approaching from the rear and you had real and genuine concerns that you would get whacked up the rear, then to stop on amber would be clearly unsafe, and it would therefore be lawful to go through an amber light.  And this "safe/unsafe" dilemma is NOT formed by other road users - it has to be formed by the driver of the car in question.

Finally, all these traffic signal offences are ONLY valid for when the car actually and physically crosses the Stop Line.  So in this instance, even if the video still proves you crossed the stop line during amber, but the lights changed to red before you had cleared the other side of the junction, then irrespective of all the above PACE advice, you can ask for the case to be dropped on the grounds that the cop is an unreliable witness (ie, the cop lied because he stated "crossed a red", when it was actually amber).

HTH

If you think I am wrong about the video being shown then fine.

I'm sorry, but I'm pretty sure you are wrong in the video issue.  Whilst cops, particularly traffic cops or those from 'road policing units' are generally always spot on with the Road Traffic Act, and the various other traffic laws, I think you will find that not all cops are proficient with PACE.  Afterall, how often do you find that a cop (for whatever kind of offence, be it traffic, drugs, sexuall or whatever) will do his job to the best of his abilities, then send the file off to the CPS.  Then subsequently, the CPS take NFA because of some 'procedural error', or it goes to Court and gets thrown out on some kind of 'technicality' - which can include non-disclosure.

Going back to the OP, if he was clearly advised that his alleged offence was recorded on video, and was then refused access to that 'evidence', then that IS non-disclosure, and is prejudical to natural justice.  If, on the other hand, the OP was NOT advised at the scene that the alleged offence was recoded on video, and/or the OP didn't actually ask to view any such video evidence, then there has been NO withholding of evidence, and the case can be progressed through the normal channels.

I am not going to get into an argument about evidence and the rules of disclosure for  motoring matters.  The driver needs to get legal advice if they feel that something is wrong and go 'not guilty'.

I fully agree.  But I also think it is important to look at the wider picture too.  :wink:


FWIW I do have quite a bit of knowledge in this area .... over 18 years worth.  I am more than happy what I say is correct in relation to a stop at the roadside for viewing a video - after that yes it can be different ......

I'm not doubting that there can be different scenarios, which can all lead to different ways of case progression.  :smiley:

As for the amber light - yes, we can speculate about different circumstances but I am not going to as they weren't mentioned in the original post.

Agreed again.  However, what is NOT clear to the average 'joe-public' is that a red or amber light has a very definate and specified point of measurement - ie, the exact time the target vehicle crosses the white stop line.  But I would find it very difficult to believe that the occasional unscrupolous <sp?> cop hasn't tried to push his luck, especially if they think the motorist in question was clueless about the finite detail of the alleged offence.  And what about if the cop had actually made a genuine mistake?  We are all human, and we all fcuk up from time to time, weather we like to admit it or not.  Maybe in the OPs case, the cop was genuinely mistaken, and thought he HAD crossed a red, but on reviewing the video evidence, the tape actually showed the car crossed on amber, but very shortly aferwards, changed to red.  I'm sure you can accept the 'devil is in the detail'.  :wink:  :smiley:


Anyhow, I'm not here to slag of cops in any way (and I apologise if my previous post appeared that way  :undecided:).  The vast majority do an honest and decent job, and get very little, if any praise for their hard work.  So to all the cops out there, and all our other chaps and chapesses from all the other emergency services - I'd like offer my thoughts of appreciation and thanks, and to encourage you all to stay safe, and be proud of your uniforms. :afro:  :smiley:
Sean - Independent Automotive Engineering Technician (ret'd)
-----
'06/7 Golf Mk5 GTI 5dr (BWA) DSG, colour coded,

I feel like a homo