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2009's going to be tough for me i think *help*

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killa
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PostPosted: 08:41 - 09 Jun 2009    Post subject: 2009's going to be tough for me i think *help* Reply with quote

Ok, i think im in the shite...but im also confused.
I've just been caught running a red light, but it wasn't quite as simple as that.

Ive attached a paint diagram for all to understand in BCF. Thumbs Up

I was travelling up this hill towards the temporary lights this morning, ive passed the red sign saying 'wait here when red light shows' and im accelerating to the lights.
Im passed the sign and the lights change, im commited and now doing about 35 (in a 30). I pass the lights and in the corner of my eye, the police, im passed the road works, they're now in pursuit. I pull over and to my delight two blonde female officers Rolling Eyes. They say ive run a red light, which in fact technically i have but really i had little or no choice.
I dont have my licence on me so they go through the usual procedure.
Time for some back story.
I passed my full bike licence in 2005, i think i lost it in 2007 (6 points in 2 years), then i got it back again. I have passed my car licence in July 2008 from memory, so i think the 6 points are still there.
She radio'd the station to check out stuff, said it might be that my licence is taken, ive got to go to court.
So as i work 40mins away up the motorway, i guess if this goes through i loose my bike and car licence and possibly my job, all for a technicality.
Advice would be nice, and yes i know how bad it can be, anything positive would be great. Sad

Thanks. Thumbs Up
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Faldo
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PostPosted: 08:47 - 09 Jun 2009    Post subject: Reply with quote

Can't really offer any useful advice, but I'm in a not too dissimilar predicament.

I've had full licence for years, but had 9 points and got caught by a red light camera.

All I can say is go and see a solicitor for a free hours consultation. The court will basically be looking to see that someone else will be affected if you get banned (i.e old gran who give a lift to the hospital twice a week that kind of thing).

Also, the timescale is longer than you'd think so you've got a bit of time to try and come up with a solution just in case you do get banned. I did a red light in February and I'm still waiting for a court date.
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panrider_uk
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PostPosted: 08:55 - 09 Jun 2009    Post subject: Reply with quote

A few years back I was travelling toward a junction in the car.

As I neared the lights they changed so I had the choice of brake hard or carry on.

I chose to continue and accelerated through the lights (only up to around 35) to clear them quicker.

As I crossed the junction and ambulance with blues and two came across from my left (on the wrong side of the road) and hit me, writing off the car and damaging a lamp-post and barriers.

It was just one of those unfortunate timing issues where I was just too close to the lights to brake safely when they changed.

The ambulance driver copped it for going through a red light on the wrong side of the road and no blame was laid on me.

Just saying that things don't always turn out bad for you.

Mark
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Polo
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PostPosted: 09:17 - 09 Jun 2009    Post subject: Reply with quote

Don't suppose you can pull the 'car travelling close behind me so didnt want to brake harshly' can you?

Welcome back though. Thumbs Up
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killa
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PostPosted: 09:21 - 09 Jun 2009    Post subject: Reply with quote

Minty wrote:
Don't suppose you can pull the 'car travelling close behind me so didnt want to brake harshly' can you?

Welcome back though. Thumbs Up

They saw there was no one behind me, i didnt see them.
If i have to go to court then who shall i speak to for advice?
Do i need a solicitor?
Citizens advice?
A miracle?

Think it was 'due care and attention' and running a red light.

I really was commited, if i stopped when it went amber id be on the right side of the road!
I dont want to loose everything.
If i do loose my licence is it both my bike and car?
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truslack
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PostPosted: 09:31 - 09 Jun 2009    Post subject: Reply with quote

Are temporary traffic lights enforceable? I always thought road modifications (speed limits, road closures etc) had to have some sort of order in place (Road traffic order?) to be enforcable.

I could be (and I probably am) wrong though.
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R6jonny
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PostPosted: 09:47 - 09 Jun 2009    Post subject: Reply with quote

Temporary traffic lights are enforceable the same as a normal set of lights. The board that says "Stop here when red light shows" or similar is to be treated as the STOP line.

Killa i know it is a bit late now but if a light is on green there is only one way it is going to go, the fact that you were already comitted at 35mph isnt a defence and could land you in more trouble.
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killa
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PostPosted: 09:52 - 09 Jun 2009    Post subject: Reply with quote

R6jonny wrote:
Temporary traffic lights are enforceable the same as a normal set of lights. The board that says "Stop here when red light shows" or similar is to be treated as the STOP line.

Killa i know it is a bit late now but if a light is on green there is only one way it is going to go, the fact that you were already comitted at 35mph isnt a defence and could land you in more trouble.


I only said i was commited to the police, not at 35.
So whats your advice Johnny?
Go to court on my own, or get help?
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Polo
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PostPosted: 09:53 - 09 Jun 2009    Post subject: Reply with quote

Hmmm, how did they know the colour that the lights were on if the police were sat side on to them?

Not that you can argue. Just take it on the chin methinks. Don't even try to give an excuse. And it will be bike and car. They are both entitlements on the licence you hold - if that makes sense.
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Kickstart
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PostPosted: 09:56 - 09 Jun 2009    Post subject: Reply with quote

Hi

From that diagram they cannot see the lights to know if you jumped them, and whether they were on amber or red.

Both amber and red mean stop, but think with amber you are allowed to proceed if you are already over the stop line. Not sure with tempory lights but I would guess that the sign you had already passed would count as the stop line.

Personally I would go and take some pics of the scene to show that the lights were not visible to the coppers.

Years ago Charlotte got stopped by a copper for jumping a red light, when he was the other side of them and couldn't see them. Turns out he was using a stop watch to time the lights in the opposite direction. She spoke to the local office controlling the traffic lights who would only talk to her having spoken to the police. They told her that there was no fixed relationship between the lights in each direction at that set. Next day before she had a chance to take it to the police she received a letter withdrawing the fine / points and saying they were just going to warn her instead.

All the best

Keith
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J0Al1
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PostPosted: 10:02 - 09 Jun 2009    Post subject: Reply with quote

I went through a red on Sat.
It's a light I do almost every day.
It has a two lane/two light systems (ie left go, right stop) . .
Well left were go, and I went too (sheep mentality). . . . 'Damn that car pulling out in front of me I thought', as I scheeched to a stop. . . .

Haha, I was in the wrong, it was blatently too much on my mind. Thankfully no police Smile.... I cant afford food let alone a fine Sad

In your case, is it not worth contesting? The lights went to red after you passed them (I'd have done the same in carrying on). . Is their argunment the red light or the speed . . I think over 33mph in a 30 you can be done for speeding.

Anyway, bed luck and hope you get it sorted.
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UnknownStuntm...
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PostPosted: 10:43 - 09 Jun 2009    Post subject: Reply with quote

Kickstart wrote:
From that diagram they cannot see the light

Bingo. Anything - fancy gizmos, gadgets or whatever other than them being able to see the light for themselves is not what you saw and acted upon. The problem may be now that you've said to them that you ran the red light.

I think a solicitor is called for.
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Barry_M2
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PostPosted: 10:58 - 09 Jun 2009    Post subject: Reply with quote

If the roadworks and lights are all still there, go back and take loads of photo's. Then you can point out where abouts you were when the lights changed to red.

Things to think about....

1) Did you admit to them the light was red when you went through it?

2) You do realise that you have to stop on amber if its safe to do so! It doesn't mean try and get through if you think you can, it actually means stop! Wink

3) Could the police see the lights from where they were in their car?

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killa
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PostPosted: 11:59 - 09 Jun 2009    Post subject: Reply with quote

Barry_MC21 wrote:
If the roadworks and lights are all still there, go back and take loads of photo's. Then you can point out where abouts you were when the lights changed to red.

Things to think about....

1) Did you admit to them the light was red when you went through it?

2) You do realise that you have to stop on amber if its safe to do so! It doesn't mean try and get through if you think you can, it actually means stop! Wink

3) Could the police see the lights from where they were in their car?

Thumbs Up


Ok, ive gone and taken photos, but it was tricky....

They could not see the lights i was passing AT ALL!

https://i7.photobucket.com/albums/y278/Killa127/DSC00498.jpg

Here is the start of road works, my mistake, sign is very near the lights. I was in the right lane, commited to going through lights on green, they changed as i was doing so. I marked that with an arrow.

Police were parked here!

https://i7.photobucket.com/albums/y278/Killa127/DSC00499.jpg

Several feet from any view of the lights. This is wrong surely. Thinking back they were trying to make me agree they saw me running a red light.!

The station is 5 mins from my work, shall i go in afterwards?
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Luke_Retrofly
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PostPosted: 12:08 - 09 Jun 2009    Post subject: Reply with quote

Temporary traffic lights are bullshit, I've seen plenty of times when people have gone through on gree but not made it to the end before the other ones go green too, and vice versa.

Sound slike some bored coppers who had nothing better to do than pull someone over on a whim. Thumbs Down
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Barry_M2
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PostPosted: 12:44 - 09 Jun 2009    Post subject: Reply with quote

killa wrote:
[Several feet from any view of the lights. This is wrong surely. Thinking back they were trying to make me agree they saw me running a red light.!

The station is 5 mins from my work, shall i go in afterwards?


From what I can make of it. They have no evidence and cannot prove that you ran a red light so they are trying to pressure you into admiting you did. As long as you haven't admited anything, then I think you can get off this quite easily.

If I were you I'd get out of the car and take a photo standing next to the traffic light of where the police car was parked, showing they could no way have seen the colour of the traffic light.

Also stand where the police car was parked and take a pic of the lights.

Make sure you say that the light was green when you went through it, and as you passed it from the corner of your eye (as you were along side it at the time) you saw it change to amber.

DONT whatever you do agree with them that is was or 'might' have been red as that is admitting guilt. That's all they need to prosecute you.

Get more photo's, and even an arial shot if possible (google earth) to show the location and distances of the police car to the lights.

You could go into the station if you like. If you know the coppers that stopped you, ask to speak to them and explain in a nice way that they have no evidence against you and you have photo's and distances to show that they couldn't have possibly seen the colour of the lights. If they insist it's going to court, tell them that you are going to also request that they attend and show proof of how they knew what colour the lights were! Wink

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The Artist
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PostPosted: 12:53 - 09 Jun 2009    Post subject: Reply with quote

I am sure if you are heading towards traffic lights which are green you can continue through unless they turn red but if you cannot stop safely in time for the stop line/sign then continue as it is safer than skidding over the line.
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Faldo
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PostPosted: 14:22 - 09 Jun 2009    Post subject: Reply with quote

You might well have a case there, but if you are going to contest it then deleting this thread might be a good idea, just in case Confused .
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killa
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PostPosted: 14:24 - 09 Jun 2009    Post subject: Reply with quote

So can i ask for your opinion, is it recommended i go there after work or some other way of doing this?
I dont want to shoot myself int he foot but i know i haven't done what they've said i have.
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Faldo
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PostPosted: 14:35 - 09 Jun 2009    Post subject: Reply with quote

killa wrote:
So can i ask for your opinion, is it recommended i go there after work or some other way of doing this?
I dont want to shoot myself int he foot but i know i haven't done what they've said i have.


Not sure TBH. I know it's a PITA but I'd honestly take some legal advice from a professional. They might say to go down and put your case forward ASAP before they start any proceedings, or to wait for a summons and present your evidence then.
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killa
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PostPosted: 14:38 - 09 Jun 2009    Post subject: Reply with quote

Surely if they are reluctant to provide any help, i can go from there?
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Faldo
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PostPosted: 14:44 - 09 Jun 2009    Post subject: Reply with quote

killa wrote:
Surely if they are reluctant to provide any help, i can go from there?


Well, I'd imagine going down to Poo-lice station and putting your photos on the desk might make them realise they haven't got a leg to stand on, and I couldn't see it doing any harm, but then I'm not versed in the letter of the law I'm afraid.
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LustyLew
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PostPosted: 15:00 - 09 Jun 2009    Post subject: Reply with quote

Right. I'm going to play devils advocate here.

Looking at your second pic, I can see the rear of the 'When lights are red... <blah>' sign. But not the actual traffic lights of the opposite flow of traffic.

It is possible that they have come to the conclusion if you are passing through and the lights for the opposite flow have gone green, you must have jumped them.

I would have thought they should be set so that the last vehicle that passes before the lights go red, should clear before the next set go Red/Amber?

Not saying you're done for. But just wondering if that's how they've come to their conclusion?
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pa_broon74
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PostPosted: 15:00 - 09 Jun 2009    Post subject: Reply with quote

Did you get a producer for your license or anything? Did they read you any rights or sit you in the back of the car and say we are charging you with blah blah blah.


If they didn't I wouldn't worry about it. If all they did was say it might be this or it might be that, you can't do anything until they start proceedings (which given what you've said, I doubt they'd do.)

However, if they do, I'd be pleading not guilty, even a court appointed solicitor can see the policewummin couldn't see the lights change...

Frankly, I think they saw you pass through at speed and thought they'd throw a scare into you by waffling on about loosing your license and a DWOCA charge (given they couldn't do anything baout the possible speeding,) which I think would be incorrect anyway. Running a red light (I thought) attracted a fixed penalty fine in the first instance... Ok, you'd get three point, but all this waffle about charges is rubbish...

Is what I think... Ignore it...

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Faldo
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PostPosted: 15:03 - 09 Jun 2009    Post subject: Reply with quote

LH-ER5 wrote:
Right. I'm going to play devils advocate here.

Looking at your second pic, I can see the rear of the 'When lights are red... <blah>' sign. But not the actual traffic lights of the opposite flow of traffic.

It is possible that they have come to the conclusion if you are passing through and the lights for the opposite flow have gone green, you must have jumped them.

I would have thought they should be set so that the last vehicle that passes before the lights go red, should clear before the next set go Red/Amber?

Not saying you're done for. But just wondering if that's how they've come to their conclusion?


If they have come to a 'conclusion', then there's a very reasonable doubt surely? What's to say the oncoming vehicle hadn't jumped the lights?
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