Traffic Light Offences | Running A Red Light

Notice of Intended Prosecution (NIP)

If a vehicle has been detected committing a Traffic Light Offence, the Registered Keeper will receive a Notice of Intended Prosecution from the Police within 14 days and will also be required to provide the details of the person driving the vehicle at the relevant time. If the registered keeper does not complete and return the request for driver details to the Police within 28 days, the registered keeper of the vehicle could be prosecuted for Failing to Provide Driver Details, which is an offence that attracts an endorsement of 6 Penalty Points.

Your Defence

Failing to stop at a road traffic signal is a strict liability offence, therefore unintentionally driving through a red ( running a red light ) or amber traffic signal would not amount to a defence.

In a traffic signal contravention offence, a defence would usually relate to an outright denial, i.e. disputing the allegation by demonstrating that as the driver you did comply with the traffic signal or identifying that there was a defect with the traffic signal.

Special Reasons For Running a Red Light

A motorist may accept that they are guilty of this offence however may raise Special Reasons.

For a Special Reasons Argument to be accepted by the Court, the circumstances relied upon need to satisfy the criteria below:

• Must be a mitigating or extenuating circumstance
• Must not amount in law to a defence to the allegation
• Must be directly connected with the commission of the offence
• Must be something which the Court ought to properly take into consideration when imposing sentence.

A typical ‘Special Reason’ in a Traffic Light Offence could be that the driver did not stop at the traffic light was to prevent a serious accident or loss of life. Another Special Reason could be that the motorist went through a red traffic signal to allow an emergency vehicle past. If Special Reasons are accepted by the Court, the Court will have discretion not to impose any penalty points for this Motoring Offence.

If you are considering raising Special Reasons, you will require expert legal representation at the Magistrates’ Court to stand a reasonable chance of being successful because evidence will need to be adduced in Court, along with appropriate legal submissions to the Court of why Special reasons are present and why the Court ought not to impose penalty points.

Totting-Up

If you already have 9 or more active penalty points upon your driving licence, an additional 3 points for a Traffic Light Offence will result in a Totting Up Driving Ban which is also referred to as a Penalty Points Disqualification, because you will have accumulated 12 or more penalty points upon your driving licence.

In such circumstances, expert legal advice should be sought as soon as possible from one of our motoring offence solicitors by calling 0330 818 9837, alternatively you can complete our Contact Form and one of our members of staff will call you back for a no obligation assessment.

Exceptional Hardship Application

If you are at risk of receiving a Penalty Points Driving Ban, our lawyers are available to represent you in Court and to advance an Exceptional Hardship Application on your behalf in an attempt to avoid a Driving Ban.

An exceptional hardship application must be made in Court, which can be a difficult and frightening experience for people who are not familiar with the Courts or Criminal Justice System.

The precise procedure for an exceptional hardship application varies between each Court. In some Courts, a defendant may be required to take an oath and give live oral evidence before the Magistrates’ or District Judge of his / her circumstances. This evidence of the defendant is usually cross-examined by the Prosecutor, Magistrates or Judge to determine exactly how ‘exceptional’ the hardship really is.

At Kang & Co Solicitors, we have a wealth of experience in this area and this is proven within our success rates in assisting drivers in avoiding driving disqualifications. Our motoring lawyers have the appropriate knowledge of the various exceptional hardship arguments that can be put before the Court forward and can also advise you on the necessary evidence to support and strengthen the Exceptional Hardship Argument.

What amounts to Exceptional Hardship varies depending on personal circumstances. However, the following are some arguments which have been used to persuade the Court:

• Impact on family members
• Personal/financial implications
• Impact on business
• Inability to care for elderly / disabled individuals
• Loss of employment
• Impact on employees