Penalty For Running A Red Light
For most drivers running a red light might not seem to be a big issue. Obviously the inherent dangers surrounding running a red light are clear to all and do not need to be stated here but what happens to you if you run a red light and you already have 9 penalty points on your licence?
Under ?Totting Up? provisions you will be banned from driving for 6 months unless you can demonstrate that ?Special Reasons? existed at the time of the offence or ?Exceptional Hardship? would occur if banned.
What Are The Special Reasons To Avoid Disqualification?
Special reasons are relevant if you are convicted of a road traffic offence which has a penalty of obligatory disqualification, or obligatory endorsement. Although special reasons are not technically a defence, they can significantly reduce the sentence you receive.
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Obligatory disqualification
The court may shorten the period of disqualification or remove it altogether if it considers that there are special reasons to do so. So running a red light does NOT always mean that 3 penalty points will be endorsed on your licence!
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Obligatory endorsement for Running a Red Light
Imposed for a range of offences, including speeding, but also including running a red light and using a mobile phone, not having insurance, as well as more serious offences where disqualification can also be imposed.
The court may impose anything up to 11 penalty points.
If the court thinks that there are special reasons for doing so, they will decide not to endorse your licence (it cannot reduce the number of points it imposes).
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Special reasons can only relate to the facts and circumstances of the offence itself, such as the reason why it was committed. Your personal circumstances, for example the effect that the disqualification/endorsement will have on you or others, or the fact that the offence was (for example if you only slightly exceeded the speed limit) do not count as special reasons.
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Examples of special reasons
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Medical emergency
If you can show that you committed the offence only because of a medical emergency, then this will amount to a special reason. However, the emergency must be genuine and unforeseen. You must also show that you drove only as a last resort: you must have exhausted all other possibilities of dealing with the emergency, including contacting the emergency services. For example, if a driver who lived in a rural area drove (whilst over the legal limit) to take his seriously sick child to hospital because no ambulance was available, then this would probably amount to a special reason for not disqualifying.
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The penalty for running a red light might mean a 6 month ban (Under Totting Up Procedures) but the least you can expect is a 3 penalty points endorsement and a fine of £60. It might not seem obvious to you as a driver that a technical defence may exist and therefore we would suggest that you always contact a specialist road traffic solicitor as soon as possible as it may be that they can win your case at trial depending upon the facts and circumstances of your particular case. It might even be done without you having to give evidence. Technical defences often depend upon an evidential issue and a legal submission made by the lawyer and therefore it is unnecessary for the accused to testify.
In our experience it is seldom a clear cut issue and you may be surprised at what can amount to a defence in relation to these charges.
You always have to weigh up the costs against the benefits of fighting such a case as they involve a considerable amount of time involved in court attendances and legal fees as they are seldom charges that will entitle you to Legal Aid to fund your defence.
For more information about Penalties for Running a Red Light please get in touch today for a free case consultation on 0800 612 9597 or email enquiries@roadtrafficlaw.com
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