Not Guilty – Allegedly driving through a red light

driving through a red light

The Allegation

Khurram, was accused of going through a red light. His accuser was a police officer who had been approaching the same traffic lights from a different direction. He alleged that Khurram had gone straight across him (from right to left) when the lights were showing green to the officer. Therefore, the officer concluded, the lights must have been showing red when Khurram went through.

The Evidence

The incident was recorded on the officer’s body worn camera. He obliged Khurram to stop and accused him of going through the lights when they were red. The officer was adamant that Khurram must have gone through on red. Khurram was adamant that he had gone through on amber.

The Conference

Khurram pleaded ‘Not Guilty’. He was advised by a solicitor not to bother going to a solicitor but to instruct a public access barrister. So, he contacted Kent Traffic Law. We met to discuss his case. I had created some stills from the body worn film disclosed by the CPS. This appeared to show that the officer could have been mistaken and that Khurram might not have gone through on red. I advised him on how best to prepare for the trial.

The Trial

The defence took the CPS prosecutor by surprise by producing the stills during the cross-examination, ie the questioning by the defence of the officer. She objected to the production of the stills and did everything in her power to persuade the court that they did not show that Khurram might have gone through on amber. The court rejected her arguments and Khurram was acquitted of the charge.

Conclusion

Khurram’s reaction was,

I could not have done it without you.’

In fact, he posted a formal online review which read,

I engaged Sunil Rupasinha to advise and represent me. He gave me confidence I was in safe hands. He defended me at trial and made a successful submission of ‘no case to answer’ which meant that the cps case was thrown out early! I did not realise how many legal technicalities would be involved in a (factually) simple case. I do now…’’

Khurram was surprised at the attitude of the court clerk and the prosecutor. (The clerk is meant to give objective advice to the Magistrates and yet, in this case, that did not appear to be the case.)

Often a court can seem to be an intimidating arena in which, if you are not represented by your own lawyer, you may feel you did not get a fair hearing. If you instruct Kent Traffic Law you can be sure of having experienced counsel who will fight your corner to ensure that your right to a fair hearing is upheld.

If you are facing a magistrates’ court trial and would like advice on preparation and presentation of your case from an experienced trial lawyer, don’t hesitate to get in touch.

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