Picking up phone in stationary traffic jam - temporary lights.

[Dom69]

Hi.

On November 25th 2022 I was sat in a long line of traffic at temporary traffic lights on my morning commute. About 100 metres back from the lights with clear view that it was red. My car engine was on the eco 'Auto Off when stopped' setting and auto hold handbrake engaged when stopped.

 

As i was late for work the office called, i answered on the hands free but they couldn't hear me so I picked up the phone and said I was stuck in traffic and will be about 10 minutes late then hung up. Lights still clearly red.

 

At that moment a bike copper drove up, tapped on the window and said pull in at the next opportunity. We then sat there next to each other for a further 5 minutes waiting for the lights to change.

 

Upon receiving an email from Sussex Police later that evening I requested any evidence be forwarded to myself so I can make a judgement on what to do next.

 

Last week on 9/5/23 I received a Single Justice Procedure Notice which needs response within 21 days on how to plead. I know there is probably no point contesting Not Guilty in court but £200 and 6 points seems very excessive considering the circumstances and could affect my job. I drive all day every day for work and have no previous offences.

 

Is there anything else I can do - courses, lesser charge and in reality I was not driving whilst on the phone and was in full control of my vehicle.

 

Any help greatly appreciated.

 

Kind regards

 

Dom

[Dom69]

I understand that but I would argue mitigating circumstances and that the penalty in no way fits the proposed offence.

I could do 40 mph past a gatso through a residential side street with kids playing by the road and get £100 and 3 point fine.

[Dom69]

It says in the officers report the defendant requested leniency due to the circumstances around the vehicle and traffic situation.

 

Would this have likely been recorded on a body camera or anything?

[Dom69]

I received a Fixed Penalty letter on 05/12/22 (dated 25/11/22) but had been advised by a solicitor to write to Sussex Safer Roads immediately requesting disclosure of all evidence involved in the case within 28 days upon which I could then make a decision on what path to take. A letter was posted on 15/12 to Sussex Safer Roads

 

I had no response and emailed them again to follow up on 16/1/23 again receiving no response other than the automated acknowledgement of '

 

Your email is important to us however please be aware we receive a high volume of correspondence and a response can take up to 10 working days.

 

In the meantime, the following information may assist you with your query'

 

No further communication was received for 5 months until the SJPN turned up this week.

[Dom69]

Okay, thank you for the advice.

I'll let you know how it goes.

[Dom69]

Hi

So just to close this out, I entered a guilty plea and stated my mitigating circumstances and reason for delayed response.

Fine was £123.00 and 6 points.

£49.00 donation to Victim Services.

Thanks for your feedback and advice.

Regards.