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PostPosted: Wed Aug 26, 2009 12:37 
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Hi Guys

Newbie on here......so Hi All!!

I was recently snapped by the camera on a junction for "going through"the junction. Now I did NOT continue through the junction, I was over the white line by maybe 5 or 6 feet due to a very good reason, there was a van approaching behind at a very fair speed and had I not moved forward I am sure I would have been hit. As I said I did not continue, just moved forward and the camera snapped.

I am positive the camera only snapped once, too.

I have a couple of questions......

1, If they only have one image of the car can they still prosecute ( a loophole if you like)? I thought they took 2 images?
2, Will the fact I moved 6 feet forward to avoid a crash be enough mitigation to avoid prosecution?

Thanks for any assistance, I feel I am being prosecuted here for trying to avoid someone getting hurt.

Regards
James


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PostPosted: Wed Aug 26, 2009 18:56 
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Hi,

the_annex wrote:
I was recently snapped by the camera on a junction for "going through"the junction.

Unfortunately the offence is allowing any part of the vehicle to pass the stop line while the lights are red.

the_annex wrote:
1, If they only have one image of the car can they still prosecute ( a loophole if you like)? I thought they took 2 images?

Needs two photos to "prove" that you continued over the line. One photo "proves" the vehicle was there but doesn't prove it was moving. (You could have driven there and stopped while the lights were green.)

the_annex wrote:
2, Will the fact I moved 6 feet forward to avoid a crash be enough mitigation to avoid prosecution?

I believe that "mitigation" affects the outcome of a prosecution, rather than avoids it altogether.

the_annex wrote:
Thanks for any assistance, I feel I am being prosecuted here for trying to avoid someone getting hurt.

Welcome to the UK. Please leave all common sense at the door...

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PostPosted: Wed Aug 26, 2009 19:54 
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if the other vehicle was close enough to pose a risk it should show up on the photos.

Mitigation is used after a conviction, whether by guilty plea or at trial, and is information used to try to persuade the court to reduce sentence from whatever level it would otherwise have been. Good mitigation can result in an absolute discharge and no points.

A defence is what you put forward at trial to get a not guilty verdict.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.


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PostPosted: Fri Dec 04, 2009 02:27 
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Location: Highlands
If you have only moved forward enough to induce a single flash to avoid another vehicle, might not the offending 'behind vehicle' still remain behind the line to the light ? Can the size of the photo include vehicles, that remain 'behind the line' ?
I was saddened by these red light cameras on a recent London visit and the many emergency vehicles that just stop the sirens when the lights are red and wait ! I wonder how many people receive worse injuries or lose their life due to red light cameras. I wonder if this is many times greater than the lives possibly saved by discouraging any road users from running a red light ?
Is this too a hardened rule that has changed driver behaviour so that no aid is given to emergency traffic. Such a badly thought out unforgiving system could surely have so easily been adjusted to allow movement for emergency vehicles ! Another case of a system's unforgiving bureaucratic non-sense, I dare say that the same is also true for bus lane issues to.
The council and authorities force road users into ever small areas until there is literally no where to go, so road users do all they can - sit still until they are allowed to move. It shows a lack of care for those in the greatest need at those times that every emergency vehicle is delayed. The authorities should be utterly ashamed and held to account.

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PostPosted: Fri Dec 04, 2009 15:52 
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SafeSpeedv2 wrote:
If you have only moved forward enough to induce a single flash to avoid another vehicle, might not the offending 'behind vehicle' still remain behind the line to the light ?

The second flash is triggered automatically on a timer. (Or at least, from what I've read...)

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