Red Traffic Light Offence – Police May Have Destroyed The Video Evidence

Question:

Hi, It was late in the evening in x 9.47pm and I Had been helping a friend with helping him to pack for moving. Very hard work! I was asked by x my partner to collect some medicine for my little girl (3). She called me on the way home.

I made a diversion and headed for the Supermarket (that closed at 10pm). The weather was poor (raining) and was dark. I was approaching a T junction and was turning left on the lights. I am sure the lights were not red but may have been amber.

I was driving a laden VW transporter and trailer (full of timber from the house move for my fire! I deviate sorry), there was also a white car just behind me.

After turning left and traveling up the road when I noticed the blue lights in my mirror, I thought the emergency vehicle was going to pass me but instead pulled me over and accused me of traveling through the red light.

They were some way behind the white car. They (2 policemen) showed me a film taken from their car. I asked to view this film over 4 times as I could not clearly see any violation. They both confirmed that I passed the red light about 2 seconds AFTER the light went red. So that’s it in a nutshell!

I have to appear tomorrow and will be leaving my house 10.15. It seems the video is not part of the case and has probably not been kept so the evidence is the statements by the police officers against my word. I really want to fight this case but am worried a: costs b: is there any point of a innocent plea if the footage is not available.

At the time I was off work to to stress and was taking a mild anti depressant if relevant.

I have had a clean licence for years, am 44 but about 4 weeks prior to this I received 6 points for driving without insurance (another long story, was selling my car which I had just cleaned and was called to see a person to help them I bought a van a few months earlier and it had been off road until that fateful day – just a one off! sods law) so in about 5 weeks potentially 9 points and massive insurance hike. I would dearly love to fight this case and win

CAN YOU PLEASE HELP

Graham Says:

Good to speak to you.

Ask the prosecution for the video evidence – very politely. Say you are not sure whether you committed the offence and that you want to check the video again.

Try not to enter a not guilty plea, if you do and then change your mind you will lose credit and the sentence maybe harsher.

If they have destroyed the video you will have a strong abuse of process argument and I should be able to get the case withdrawn.

Come back to me after the hearing and tell me the outcome. Don’t get pressurized into pleading guilty unless you are sure that’s what you want to do. You need to avoid driving around on 9 points for the next few years if at all possible.

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