I wonder what my likely fine/points would be in this situation and if what I explained above would be mitigating circumstances for the police not to implement this. I work in the Health & Safety arena myself and so I take this seriously, but I feel that I acted correctly in this circumstance. I was not expecting another train so quickly after the barriers had gone up, normally the barriers would stay down for both trains. Therefore given the queue headed by a tractor my attention was on the vehicles in front especially the one directly in front. How should I write my mitigation in your opinion.
No I do not. I have only had 3 points on my licence once in 1998 for speeding. I have been driving since 1986. I was stopped for speeding on another occasion in approx. 2005, but as it was slightly over the limit, I took a driving course instead and therefore did not take any points.
As my attention was with the vehicles in front and I knew there was also a queue extending behind me, then on seeing the lights on amber I had to make a decision and therefore decided to go ahead rather than brake and risk the vehicle behind me not stopping - at that moment in time I wasn't sure how close the vehicle was behind.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).