Motoring Defence

Contravening a Traffic Sign

Contravening a traffic signal can apply in a number of different circumstances such as failing to stop at a red light. Or crossing double white lines on the road when overtaking. It could be ignoring a no entry sign or a one way street sign. Failing to stop at a stop and give way will also result in the contravention of a traffic signal. If you are caught ignoring road signs or signals you could face a fine. Furthermore along with penalty points and possibly a driving ban.

Is There A Defence Against This Charge?

The law says that it has to be proved beyond reasonable doubt that you contravened a road signal or sign. Consequently  being caught on camera or witnessed by a police officer would be sufficient to be prosecuted. In order for a prosecution to be made however, the sign or signal must be legally positioned. Or places and it must also conform to the Traffic Signs Regulations and General Directions of 2002. Therefore if you contravene a road sign or signal you may be able to dispute the charge if there is an issue.

For example, with the lighting of road signs or perhaps with the post on which the sign is mounted. Furthermore  with traffic signals there may be a defence available in because of the size, colour and illumination of the signal, including ES compliant signal heads. It is important to explore any possibility of defence in these circumstances. Especially if you are facing a driving ban due to the totting up of points. Contact our Motoring Defence Solicitors  to see how we can help.

What Are The Penalties For Contravening A Traffic Signal Or Sign?

If you are stopped at the roadside after contravening a traffic sign or signal, you could face:

  • A fixed penalty notice which is 3 penalty points and a fine of £100.

If your offence is deemed to be serious enough, you may even be summoned to appear in court. Then if this is the case, the penalties will be more serious than if you were fined on the roadside. If summoned to court you could face:

  • Maximum fine of £1,000.
  • A number Penalty points on your driving licence, which may result in the totting up of 12 points.
  • Possibly a driving driving ban for up to 56 days, at the discretion of the magistrate.
  • Your licence being taken away if you are a new driver and the need to retake your driving test.
  • Under extenuating circumstances contravening a traffic signal could lead to a prosecution of Careless Driving or Dangerous Driving. This carries the possibility of a prison sentence

What Should I Do If I Am Facing A Traffic Signal Offence?

It is important to be aware of the possible implications of this offence. Also to be aware of what you may be able to do about it. You should speak to one of our experienced motoring offence team about your options.

Defences For Contravening Road Signs

There are a number of possibilities that could be possible for contravening road signs. You might have had to run a red light to allow an emergency vehicle  through as there was no other way. It could be you contravened a traffic signal to avoid an accident. So before accepting the charge speak with Ashmans Motoring Defence Team as it could even mount up to Dangerous Driving. Of course if you are found guilty the possibility of totting up the points you could probably  loose your driving licence. If that is the case then you may need to plead exceptional hardship to keep your licence. How to keep your licence when you have 12 points

Special Reasons Argument

In order to successfully argue Special Reasons it is necessary for you to give evidence under oath. So that you can convince the Magistrates that under the circumstances, on this occasion it would not be fair to impose penalty points. Magistrates do not have a set list of special reasons, but in order to be a special reason it must fulfil the following criteria and must be; 1. A mitigating or extenuating circumstance 2. That it must not amount in law to a defence to the allegation 3. Therefore it must be directly connected to the commission of the offence 4. It must be something that the Court ought to take into consideration when deciding what punishment to impose.

The most commonly contravened include:

• Traffic Lights.  For example, driving through a red light signal • Road Signs.  Disregarding a give way or no entry sign • Road Markings. For example, disregarding single or double white lines   Related : Caught Without Insurance Motoring Offences The Chances Of Conviction

What is contravening a traffic sign

Contravening a traffic signal can apply in a number of different circumstances such as failing to stop at a red light. Or crossing double white lines on the road when overtaking. It could be ignoring a no entry sign or a one way street sign

What are the most common contravening traffic offences

1. Ignoring a red traffic light
2. Driving the wrong way on a one way street
3. Disregarding double white lines
4. Failing to give way to other traffic

Can you be fined for contravening a traffic signal

Yes you can and the fine could be up to £1000

Is it possible to avoid prosecution for contravening a red light

Yes it is possible but only if the special reasons argument applies.
1. A mitigating or extenuating circumstance
2. That it must not amount in law to a defence to the allegation
3. Therefore it must be directly connected to the commission of the offence
4. It must be something that the Court ought to take into consideration when deciding what punishment to impose.

Contact us Now

You can get in touch with us in a number of different ways. You can call us on 0333 009 6275, available 24 hours a day 7 days a week.

If you would prefer you can email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be delighted to help you.

How can we help?

Fill out all fields correctly.

Contact us for a free, initial no obligation consultation, or request a free call back

Why Choose Us for Your Motoring Defence case?

  • We understand that you need to protect your driving licence.
  • We can offer you our help, wherever you are in England and Wales.
  • We are the first choice for professionals who need help with keeping their driving licence. We act on behalf of many other solicitors – and also doctors, teachers and vets who are facing a motoring offence. This is in addition to taxi drivers, lorry drivers and others who drive for a living.
  • We have access to experts who may be able to mitigate your motoring offence, such as speed detection experts, alcohol back-calculation experts and medical experts, too.
  • Our experienced motoring offences team has a reputation for achieving excellent results. We will put all of our collective experience behind you.
About Us

Notable cases

Your Justice is Our Mission.

R-v-LF Leeds Crown Court

The defendant in this case was a qualified Certified Accountant. She was originally arrested and interviewed for conspiracy to commit mortgage fraud totalling sums going into millions of pounds.

Read more about "R-v-LF Leeds Crown Court"

Operation Janitor

Operation Janitor was a large-scale VAT fraud investigated and prosecuted by SOCA. The fraud involved nearly 20 companies and abuse of the zero-rated vat reclaims system for new build properties.

Read more about "Operation Janitor"

R-v-TA Leeds Crown Court

In this case the defendant along with four others was charged with conspiracy to pervert the course of justice arising out of an accident in which a person died following a road traffic collision.

Read more about "R-v-TA Leeds Crown Court"

R-v-AA & Others Hull Court

The prosecution allege that our client along with a number of other defendants has been involved in a conspiracy to transfer criminal property being valued in tens of thousands of pounds.

Read more about "R-v-AA & Others Hull Court"

R-v-NF Bradford Crown Court

A number of defendant’s in this case were charged with conspiracy to commit mortgage fraud and money laundering in of an overall sum approaching £1m.

Read more about "R-v-NF Bradford Crown Court"

"Operation Caring Today" Preston Crown Court

Ashman’s Solicitors successfully secures acquittal in a high profile fraud and money laundering case.

Read more about ""Operation Caring Today" Preston Crown Court"

R-v-MD & Others Old Bailey

The defendant along with a number of others was alleged to have murdered the deceased arising as a result of a revenge attack.

Read more about "R-v-MD & Others Old Bailey"

R-v-AA & Others Huntingdon Crown Court

The Defendant, along with 4 others, was charged with entering into an arrangement to launder the proceeds of crime totalling in excess of £1 million.

Read more about "R-v-AA & Others Huntingdon Crown Court"

R-v-AN Bradford Crown Court

The Defendant, a Company Director, was charged with fraud by false representation amounting to over £660,000.

Read more about "R-v-AN Bradford Crown Court"

R-v-CV Leeds Crown Court

The Defendant was charged with fraud by false representation in relation to his role with two companies plus a further charge of theft relating to an alleged loss to David Brown Ltd said to be over £113,000.

Read more about "R-v-CV Leeds Crown Court"

R-v-SA Snaresbrook Crown Court

This was a highly publicised case involving the London Borough of Tower Hamlets. The Defendant was charged with fraud by false representation.

Read more about "R-v-SA Snaresbrook Crown Court"

R-v-TC & Others Operation Aquamarine Southwark Crown Court

The Defendant was charged with conspiracy to defraud Barclays Private Client International Bank by obtaining mortgage loans to which the Crown allege they were not entitled to.

Read more about "R-v-TC & Others Operation Aquamarine Southwark Crown Court"

Testimonial

Don't take our word for it

Ashmans Solicitors were completely professional in their approach from start to finish. They kept me informed of my case throughout and I was overjoyed with the outcome and service.

Jill Buckley
Read testimonials
Request a guide