Driving Instructor And Pupil Get Points

Question:

I am a fully qualified ADI Grade 5 teaching for over five years. I was teaching a new pupil on her 2nd lesson moving off and stopping. We approached a zebra crossing outside a school. On approach I took control of the car and stopped to allow a pedestrian across from right to left.

Once the pedestrian crossed I proceeded up speed ramp and across the zebra crossing when they had cleared the crossing. A policeman at least 50 metres away from the crossing in front of me waved us down and ask us to tell him why we were stopped. We both answered we are not sure as we believed we hadn’t done anything incorrect.

We both received 3 points and £60 fine which we would like to take to court to fight. We have two witnesses.

As we went across the crossing the headmistress was standing by railings. We returned to the school in question and the head said we did not proceed whilst her pupil was on it. Where do my pupil and I stand regarding this matter?

Graham Says:

I take it the officer is suggesting that you didn’t stop for the pedestrian?

You should both reject the tickets and ask for a court hearing. On the basis of what you have said you will have very good prospects of casting a doubt on the officer’s account especially if you have the school head as a witness.

The officer has to prove his case beyond reasonable doubt. You both only have to cast a doubt to win. It may be possible to persuade the CPS to withdraw the case without the need for a trial if we can show them that they do not have a reasonable prospect of convicting you.

There is also the issue of both of you getting points when only one of you could have been driving at any given time.