Red Traffic Light – New Car – Defective Brakes!

Question:

Red Traffic Light Camera

Hi, the front end of my vehicle poked out across the stop line and activated the camera. I had only owned the car 3 weeks. According to the NIP I was moving at 16mph. I felt the vehicle didn’t stop correctly so I took it to a garage and they replaced all pads and discs as they inspected it and found it was far below a safe/MOT passable level.

I have no points currently and have been driving 10 years. I would like to avoid points as I’m a x and points would hinder my career progression as I have been waiting 2 years for an opportunity to undertake a specialist course.

Do I have any defence in this circumstance?

Dominic Says:

You won’t have a defence as part of your vehicle proceeded beyond the stop line while the traffic light was on red. This is a strict liability offence.

However, you maybe able to avoid the penalty points. I think you have a strong special reasons argument and if the police/CPS agree they maybe willing to withdraw the proceedings. This would be on the basis that in the circumstances it is not in the public interest to prosecute you.

If not you can make the argument in front of the magistrates and hopefully they will agree. Keep hold of any evidence that you have relating to the mechanical defect and the works carried out by the garage.

I think you have good prospects of avoiding the penalty points but you have to be proactive. I will be happy to help you and to make representations on your behalf. If this fails I will make the argument to the court on your behalf.

Come back to me if I can help further. We get 83% of proceedings withdrawn by the CPS and win 73% of special reasons arguments if the matter gets as far as court.