3 points for driving without demisting my windows?

[Amd.sq]

I was stopped by an undercover officer for not properly de-misting my windows. I was respectful and complied with his request of providing my details whilst I demisted my windows. The whole interaction was recorded by him and I was told that they will write to me. I have now received a letter which states that I have been charged with an alleged offence of ‘driving a mechanically propelled vehicle on a road/ in a public area without due care and attention contrary to section 4 of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988. I have been offered 3 points and £100 fine or take the matter to court. My question is that do I have a chance to win this in court? I believe I could see out of the window as I complied with offer’s request to stop and when he pointed out that the windows should be demisted, I complied again and demisted the windows.


Any help regarding this would be greatly appreciated

[PallasAthena]

An undercover police officer? What was he pretending to be, (what was his cover story?) before he identified himself as a police officer? I'm astonished that a senior police officer had authorised an undercover police operation to monitor driving offences. I can't understand why an undercover police officer would blow his cover over whether a passing car had demisted its wndscreen adequately.

This sounds like a specialised legal area and I suggest you post it also on the 'Free Traffic Legal Advice' forum which specialises in traffic offences. https://www.ftla.uk/

[HandyAndy]

Are you sure it's s4 of the Road Traffic Act? That section refers to driving, or being in charge, whilst unfit through drink or drugs.

Anyway, if it was careless driving (which is Section 3) it seems the officer had reason to believe your windows were misted up (or why else would he have stopped you?). As well as that, you said you demisted them only after he asked you to do so (suggesting they were indeed misted up before that).

The definition of careless driving is “that which falls below the standard of a competent and careful driver”. Competent and careful drivers do not drive with their windows misted up.

If you challenge this in court the prosecution will present the officer’s evidence (and he will obviously say he saw that your windows were misted up). You will have to cast doubt on that evidence.

What you will have to ask yourself is whether the court will prefer the evidence of the officer (who has nothing particularly to gain from your conviction and is unlikely to commit perjury) or that from you (who have an interest in being acquitted).

The cost of failure is high. The court will almost certainly view the offence at the lower end of seriousness and you will see the same three penalty points imposed. However, you will also pay an income related fine of half a week’s net income, a surcharge of 40% of that fine and prosecution costs of around £650. So if your income is £500 per week, it will cost you £1,000.