Traffic light camera - do I have a case?
On Feb 15 I tried to stop at a traffic light on the Eastern Avenue at Newbury Park. I had to brake sharp as it has a short amber phase but all I got was the crunch of the ABS. I was skidding on either black ice or diesel.
I hit the throttle and tried to pull away but went through the red light at 28mph and set off the camera.
I have been offered a a £60 fine and three points but I feel very hard done by as the camera did not take the road conditions into account. It is a 40mph limit yet the police confirm I was doing 28mph at the time - in other words I HAD attempted to stop.
Do I have a case for going to court and fighting this? I am disabled and live on benefits and cannot afford a larger fine in court.
Sorry to hear about your misfortune.
I think that rather than attempt to accelerate away, you should have tried to stop. You have already said that there was a 'short' amber phase at this junction, [however this would be within guidelines unless faulty] so why try and in effect 'jump' the lights? If you had stopped, you may have a case for defence that you were not in full control of your vehicle at that particular time, if you could prove that there was oil and debris on the carriageway.
What time did this incident occur? If it was early morning or at night when ice would be possible, there are ways of confirming whether or not a gritting action had been called and at what time the road was salted. [If after your incident, proves your ice theory] or if you believe it was a fuel spill there may have been a record of an spillage incident reported to TfL Street Management and an ISU had been mobilised.
All in all, if you don't have any points its easier [as much as it pains me to say this] to take the FPN as you don't have a very strong case for defence as you did, after all, run a red stop signal.
It's probably too late now, but it would have been worth going back at the time to see what was on the road, as it could also explain the behaviour of your ABS. Can't say I understand why you went from a failed braking to an acceleration attempt though.
We are all capable of a spur-of-the-moment reaction which we would later do differently; usually referred to as being wise after the event.
On balance, I would take Adam B's advice and accept the FPN.
Any magistrate will almost certainly take the "wise after the event" approach.
No, sorry, you have absolutely no defence. The amber phase is 3 seconds which is more than enough time to stop bearing in mind that as you approach a green light there are only two things that can happen 1] it will stay green or 2] there is a distinct possibility that it will turn to amber (which means STOP if safe to do so).
If there was any possiblity that the road surface was contaminated you should have reported it immediately - failing to do so wrecks your case, I'm afraid.
Yea! that's what I was thinking as well.
Originally Posted by Rolebama
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