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#Post#: 60490--------------------------------------------------
Single justice procedure issued for driving in lane with RED X
DIR By: settop23
Date: March 4, 2025, 5:31 am
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Hello,
In august 2024, I receieved a NIP for the offence of 'Drive on
motorway, failed to comply with red/green arrow/lane closure
signals on the M6 from staffordshire police. My speed was
recorded at 39mph.
When I received the NIP I was dismayed. I was driving on the
motorway in the first lane of the motorway when I remember
seeing some arrows above the first lane of the motorway
indicating I should move over to the next lane. As the motorway
was heavily congested I wasn’t able to move to the second lane
straight away but managed to move across to it.
a few hundred yards after this I noticed the lane I was
currently in now had a red x above it and I needed to move over.
Again because of the congestion it took me a bit of time to move
over but when it was safe to do so I did.
I checked the pictures of the offence (attached) and indeed
there was a car and truck in the lane next to me and also a
vehicle behind me. I admitted to being the driver and opted to
take the matter to court instead of accepting the fixed penalty
notice (I have already dont a motorway awareness course for
speeding in the last 3 years)
on 18/02/2024 I receieved a SJPN. I intend to plead not guilty
and take the matter to court. I am posting here to get some
general advice on how to prepare my defence and how to proceed.
The SJPN has a deadline of 11 March to make my plea.
[attachment deleted by admin]
#Post#: 60515--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: Southpaw82
Date: March 4, 2025, 6:18 am
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Well, what do you think your defence is? It is anything more
than “I moved over when I could”?
#Post#: 60527--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: NewJudge
Date: March 4, 2025, 6:59 am
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I have a suspicion that you may be found guilty.
The law is quite clear: you must not proceed beyond a gantry in
a lane where the red arrow is displayed. I am not ware of any
exceptions being provided.
As I understand it, the only alternative if you find yourself
unable to move to an open lane is to stop.
#Post#: 60537--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: settop23
Date: March 4, 2025, 7:35 am
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Yes my only defence is that I moved over as soon as I could when
I saw the arrows and pRED x.
There was traffic behind me which is why I did not choose to
come to a complete stop.
I would like to know how long the arrows and red X was displayed
for and how long I was driving in the closed lane for. As far as
I can remember I only saw white arrows (not red) whilst I was
trying to move over and the RED x was only displayed for a
matter of seconds.
The photos show 2 timestamp within 1 second of each other where
the red x is displayed
#Post#: 60540--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: DWMB2
Date: March 4, 2025, 7:44 am
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--- Quote from: settop23 link ---
> I would like to know how long the arrows and red X was
displayed for
>
--- End Quote ---
One of the images you have uploaded says: "Time Since Red X Set:
0 days 0 hrs 30 mins 8 secs"
#Post#: 60542--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: settop23
Date: March 4, 2025, 7:54 am
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Yes i did see that. I believe the red X had been set at that
location for 30 minutes. However prior to this location there
were no RED X signs - only (white) arrows telling me I must move
over from the first lane, and then the second lane. So at the
point the photo was taken (21:14:25) there was a red X there
that had been there for 30mins 8secs and my vehicle was in that
lane. However prior to this point there were only arrows,
firstly in the first lane and then just before the RED X the
arrows also appeared in the second lane. So I did not have
enough time to move over, and could not come to a complete stop
as there is a car behind me. Is there anyway to find out how
long I was in the RED X lane for?
#Post#: 60545--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: Southpaw82
Date: March 4, 2025, 8:05 am
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Why did you not move over when the white arrows told you to do
so?
#Post#: 60546--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: settop23
Date: March 4, 2025, 8:10 am
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This is why I would like to know how long the arrows were
displayed for, and in which lanes, before the photograph was
taken at 21:14. as well as wanting to know how long i was in the
RED X lane for.
I was in the first lane when i saw one white arrow saying i
must move out of the first lane. After this i continued in the
second lane and then I saw another white arrows displayed in the
second lane saying i must move over to the third lane. I cannot
remember how long I was in each lane for, but as soon as I saw
the arrows i made efforts to move out of the lane as soon as
possible. The motorway was congested and it was dark, so lots of
bright lights in all the mirrors.
Any advice on how to proceed generally would be appreciated. If
I can request this information and there is chance of being
found not guilty I would prefer this route. However if it is
pretty certain I will be found guilty in court either way I
would like to minimise the penalty as much as possible (I
realise this will be harder having not accepted the fixed
penalty)
#Post#: 60563--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: Logician
Date: March 4, 2025, 10:23 am
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The photographs not only show your vehicle in the lane closed by
the Red X, they also show that the lane outside yours appears to
have spaces that you could have moved over into, it might have
been a bit tight but the other vehicles would no doubt have
adjusted their positioning. Driving passed the Red X is the
equivalent of driving through a red light. I think you have
every chance of being found guilty of the offence, and you would
be well advised to plead guilty, if you are found guilty after a
trial not only will you have the fine to pay but also
prosecution costs of at least £650.
#Post#: 60580--------------------------------------------------
Re: Single justice procedure issued for driving in lane with RED
X
DIR By: settop23
Date: March 4, 2025, 12:54 pm
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Thank you. What would be the likely penalty in terms of points
if I was to plead guilty?
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