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, 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, 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 us 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. 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 which 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 tooting 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.
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. It must not amount in law to a defence to the allegation
3. 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