A pensioner has been found guilty of jumping a red light - despite his claim he slowed down to let an ambulance pass him on the A52 in Nottinghamshire. But justices found against Frank Wallington's reasoning - and did not have the benefit of hearing his side of the story at his trial at Nottingham Magistrates' Court on Monday (April 17).
Wallington, 76, who did not attend, had denied going through a red light on the A52 Grantham Road/Cropwell Road on March 21 last year- claiming he had special reasons. His BMW was driven through the red light at Radcliffe-on-Trent at 1.2 seconds after the light turned to red.
Faith Rowan, prosecuting, told justices at Wallington's trial: "The Crown wish to make it clear to the court that ambulances were not on sirens or lights on that occasion - the defendant had no reason to go through the light as he had done."
Read more: Driver fined £100 and given three points after allowing ambulance to pass on the A52
Ms Rowan said Wallington, of Cricket Close, Walsall, was "raising a special reason" (why he went through) - but she stressed the Crown wished to make it clear that is not the prosecution's case.
She produced a statement to the court from a registered ANPR trained and authorised user - and called two supporting witnesses, Stuart Wragg, ERS Medical operations manager, and from the radio manager for EMAS, to verify the ambulances were not on an emergency call.
Ms Rowan said the Crown could see no "legitimate reason" the defendant went through the red light. Wallington previously told Nottinghamshire Live he was driving home to the West Midlands after attending his cousin's funeral in Long Bennington.
Speaking of the incident, he had said: "It's frustrating because I'm an advanced driver and I've always had a completely clean licence. I actually feel I could have carried on and driven straight through the traffic lights without any problem, but then I would have delayed the ambulance, and what I assume was a car with perhaps a relative of the patient in the ambulance with it being so close to the ambulance.
"I can't deny that I was 1.2 seconds late going through the traffic lights, but my point is that it was mitigating circumstances. If I had carried on, I would have blocked the ambulance's procedure through those traffic lights as the road went into a single lane shortly afterwards.
"A split second decision on my part has caused me to go through the lights after they had turned red, but I was distracted of course as they were overtaking me. I wasn't looking at the traffic lights, I was looking at them in my rear view mirror whilst they overtook me."
When asked about the traffic lights, hehad explained: "They were green as I approached, I was in the left hand lane but I slowed down. I turned my indicator on to indicate to the ambulance driver that I was slowing down and allowing him to overtake.
"Even if that white car hadn't been behind the ambulance, which I couldn't see as they were right behind the ambulance, the lights were on green, and if I had been able to pull right behind the ambulance, I would have still gone behind the lights on green". The court heard no ambulance was on an emergency call, only one had the capability to display blue lights and sound sirens - and that vehicle was travelling in front - before he went through the red light. His vehicle was the only vehicle which tripped the red light.
As well as the timing on when the red light was jumped, an investigation was launched into the vehicles which triggered an ANPR camera - just minutes before the traffic lights.
This showed an EMAS ambulance was timed first 17 seconds ahead, followed by a white car (not timed), then the defendant, followed by a private ambulance for ERS medical - which is never used for emergencies. Wallington was notified about today's trial and had emailed Nottinghamshire Live to state: "The Nottingham Magistrates' Court hearing on the 14th February 2023 has now issued me with another date to appear in court (17th April 2023). I am now writing, again, to say I will NOT be there!
"I wrote to the court (14th January) stating my plea (of mitigating circumstances) and asked for the case to be dealt with in my absence. No wonder the Magistrates' Courts are overloaded. I will be in touch when I receive the 'final' verdict."
Legally he was required to comply with the red light. Justices, who examined a photo of the defendant's car, said the car went though the red light at 1.2 seconds after it turned red.
They said: "We haven't had the benefit of the defendant in court to say their part - but we have heard that the two ambulances that went through were not in a situation where there was an emergency at the time of the red light, and we saw on the picture there was a considerable space between the vehicles and the vehicle in question of Mr Wallington.
"And so we find there was no special reason that Mr Wallington had an opportunity to stop at that red light - therefore special reasons are not found and find him guilty of the offence". Wallington already has three points on his licence from 2021.
He was fined £220, ordered to pay a victim surcharge of £34 and costs of £620, as well as three points on his licence.
Mr Wallington's case has also been discussed by the Black Belt Barrister on YouTube in a video that has since been viewed more than 65,000 times with hundreds of comments from people in support of Mr Wallington's "common sense" in allegedly allowing an ambulance to pass.
READ NEXT:
