Last night, I believe I was photographed by a fixed camera, having passed through a red traffic light. I was traveling at approximately 25mph at the time, and the speed limit was 40mph.
This was because I attempted to brake for the light when it changed to amber, but due to the prevailing icy conditions on the road, I felt the wheels slip and the car start to slide, and I was not confident that I would be able to stop for the light without skidding into the junction.
I therefore maintained my speed (25mph) and went through the light, approximately 1 second after it had turned red.
I want to know where I stand legally, and whether I can have the NIP that I expect to receive, overturned? Alternatively, if I choose to take it to court, what is the likelihood of the court overturning the fine and points?
I’m afraid the police wont let the matter go. The only way that you can avoid the points is to take the matter to court and argue special reasons due to the icy conditions – but there is a risk that the court will take the view that you should have slowed your speed on approach to take account of the icy road conditions and they may feel that you were driving too fast.
However the court may have sympathy and agree that there are special reasons for not imposing the penalty points – but its a gamble.
Have you got any penalty points already? I suspect that the decision as to whether or not to take it to court will depend on whether or not there is a huge amount at stake here.
See All Frequently Asked Question Offence Categories Here
About Us – See here for details about our law firm.