I am alleged to have failed to comply with a red traffic light. My wife had taken me to pick up my car from work and on the way back home I was stopped for going through a red traffic light. The light was definitely amber when I passed through it and in my opinion it was unsafe to stop due to the road being wet.
I have just received a Section 9 notice and summons with police statement attached. I had already decided to contest the charge due to the reason stated above but then noticed that there were a few points in the police statement which I am certain are incorrect.
1) I was traveling home (Westbound) on the A184 – the police statement states that I was traveling eastbound.
2) I was directly behind my wife’s car all the way from my place of work to the point where I was stopped, my wife passed through the lights on green and I was just behind her passing through as they changed to amber – the police statement states that there were no other vehicles in front or behind, I even told the officer that I was following my wife but this is not noted.
3) The police statement stated that I was traveling East in lane 1 of 3 – I was actually traveling West where there are only 2 lanes leading onto the traffic signals, prior to reaching this point there are 3 lanes but lane 1 is a bus lane (I don’t drive in bus lanes).
Any advice (preferably by email) on how to proceed with this would be gratefully received.
I have a clean driving licence.
Thank you for your question.
You have good credibility if you have no previous points and therefore the court will give extra weight to your evidence. The errors in the officers statement will also help with your attempts to cast a doubt.
You have a defence to this matter if you can cast a doubt on the officer’s account of events. The officer has to prove his case beyond reasonable doubt – you have to cast a reasonable doubt to win. the burden is therefore very much on the officer.
Its an offence to go through on red or amber – but if the court accepts you went through on amber then you have a defence if you can convince the court that it wasn’t safe to stop.
Therefore by admitting you went thorough on amber you are still admitting an offence but you have a potential defence.
I doubt you are going to enjoy this process. Come back to me if you would like my help.
We successfully defend over 95% of the cases that we take on and probably make it sound easier than it actually is. I get over 83% of cases withdrawn without trial.
If we win or get the case withdrawn you are entitled to recover your reasonable legal expenses.