Court Case

[sym]

Not entirely sure about this 6 month thing . . . I'm pretty sure I read about a loophole relating to a period of time in relation to issuing a NIP (Notice of Intended prosecution) following a fixed camera offence - although thought the period of time for them issuing the NIP was less than that . . . 90 days or something.

So there may be a chance . . . but good luck anyway, whatever happens.

S.

 

[Flip]

So it is! Any legal types reading this?

Unfortunately, it is simply that proceedings must be instigated within 6 months (which clearly they were) so there is no "get out" there...

As for pleading 65mph rather than 70mph - not good! (You either plead guilty or not guilty - or enter no plea - not "Guilty, but only a little bit").

I have to say, I would attend in person - but if you really aren't up to it, submit a letter to the magistrates explaining your FULL circumstances.

Expect a ban (I don't have the guidelines to hand - they will be on the 'net somewhere - just look on the official sites, not forums!!!!).

 

[Flip]

Not entirely sure about this 6 month thing . . . I'm pretty sure I read about a loophole relating to a period of time in relation to issuing a NIP (Notice of Intended prosecution) following a fixed camera offence - although thought the period of time for them issuing the NIP was less than that . . . 90 days or something.

So there may be a chance . . . but good luck anyway, whatever happens.

S.

Notice of Intended Prosecution should arrive within 14 days, but if it arrives later then that is not necessarily a bar to prosecution - eg it might take a contract hire firm a few days to return the original notice, then if that goes to a fleet manager, a few more days...

If the prosecution show they took reasonable steps to identify the driver as soon as possible, it will extend the period.

:bannana:

 

[sym]

Notice of Intended Prosecution should arrive within 14 days, but if it arrives later then that is not necessarily a bar to prosecution - eg it might take a contract hire firm a few days to return the original notice, then if that goes to a fleet manager, a few more days...

If the prosecution show they took reasonable steps to identify the driver as soon as possible, it will extend the period.

:bannana:

Sorry officer - I stand corrected !!!

 

[Dieselman]

Unfortunately, it is simply that proceedings must be instigated within 6 months (which clearly they were) so there is no "get out" there...

Six months is to 29th November in my book, the summons was issued on 5th Dec.

"This was dated 05.12.2003
I recieved it on 09.01.2003 registered post.
My offence was on 29.05.2003"

This needs investigating. No promises.

Koolvin, Courts and Police are often a bit phased when people admit to their hienious crimes,and show leniency.
If you decide to attend the duty Solicitor should be able to act for you.

Personally I don't think you'll get a ban but you need to start saving hard!

Get some advice!

 

[Kinky]

I'll support Dieselman.

I thought they had 6 months to notify you.

If I was you I'd post the query on the Speeding, Plod & Law forum on Pistonheads.

I'd also query how to plead.

Also - check pepipoo, ABD and safespeed sites too [as a matter of urgency]

K

 

[mizzat]

I'm with the "attend the court in person" brigade. Personal experience: caught doing 70 in a 30 zone. Solicitors refused to come with as to save my money (assuming automatic ban). Put on a good suit (though not too showey). Groveled as no one has ever groveled before. Got 6 points and £300 fine. You'll never know, give yourself the chance.

 

[Sp!ke]

As for pleading 65mph rather than 70mph - not good! (You either plead guilty or not guilty - or enter no plea - not "Guilty, but only a little bit").

Sorry to disagree here Flip but having done over half a million miles riding V. fast motorcycles, many court appearences naturally occur. I can confidently say (with multiple experiences) that you can plead guilty to speeding but dispute the figure itself

 

[Tan]

Good Luck mate, whichever way you choose to deal with it.

 

[Flip]

Sorry to disagree here Flip but having done over half a million miles riding V. fast motorcycles, many court appearences naturally occur. I can confidently say (with multiple experiences) that you can plead guilty to speeding but dispute the figure itself

Sorry, didn't make that very clear - dispute the figure, but the plea is still "guilty".

 

[Guy]

Koolvin,

Doing my best to recall, the situation as to delay is as follows -

The police should serve a summons within 6 months of the date the prosecutor is satisfied that they have enough evidence to bring a charge.

This is not the same as 6 months from the date of the offence. I've heard of people asking for comfirmation of the date, or a copy of a certificate with the date on.

Pleading guilty by post is not a bad idea - they cannot impose a disqualification without adjourning the case and informing you that they are considering it. That will give you the chance to get legal representation if you wish.

It is important to be consistent about the speed you admit - no good telling a brief trying to help you avoid disqualification something different from your original written mitigation.

Best of luck - do send me a PM if there is any help you think I can give - will do so willingly

 

[Koolvin]

Koolvin,

Doing my best to recall, the situation as to delay is as follows -

The police should serve a summons within 6 months of the date the prosecutor is satisfied that they have enough evidence to bring a charge.

This is not the same as 6 months from the date of the offence. I've heard of people asking for comfirmation of the date, or a copy of a certificate with the date on.

Pleading guilty by post is not a bad idea - they cannot impose a disqualification without adjourning the case and informing you that they are considering it. That will give you the chance to get legal representation if you wish.

It is important to be consistent about the speed you admit - no good telling a brief trying to help you avoid disqualification something different from your original written mitigation.

Best of luck - do send me a PM if there is any help you think I can give - will do so willingly

I wa splanning to go on holiday the next date after the hearing! so according to you I should actually go in to couirt get disqualified and then go on holiday! rather than come back and then go to court, get banned and serve my disqualification time in the UK.

 

[Guy]

If they are going to disqualify you, it won't be on the day they hear your guilty plea through the post, that's right.

Tried to post this eply several times, but the forum is v slow just now!

 

[Mark300SL]

Ingers crossed mate

I feel somewhat responsible - the turbo does evil things to your sense of reason at times

Just had a severe "ticking off" for showing an R32 golf owner that they arent really that quick after all.
Had just met up with Dorian and had a chat for a while and went to go home - on the roundabout leading to the M11 a golf decided to go "outside" me with the intention of cutting me up entering the motorway!

Quick blip of the throttle and he was nailed - I entered the M11 and he was upset to say the least - I continued up the slip rd at just above the legal limit before joining the inside lane - the golf went flying past me and I just sat there smiling.

60 seconds later I had blue lights in my rear view mirror so I pulled over

Apparently the copper had seen this all and decided that I was obviously the target due to me having a "boy racer" car! For some unkown reason he decided against following the high speed golf ?

I was extremely polite - though insistant that I hadnt broken any speed limits and had just got to those limits a little faster than usual.
I pointed out that the golf intended to cross in front of me and once the oppertunity had presented itself he had dramaticaly exceeded the limit just to make his point!
Copper agreed with me that he didnt see me exceed the limit - he just objected to the manner in which I achieved my target speed!

I walked away with a warning today but it could have been very different

Sometimes the turbo bug just bites - and you feel the need to press on !

Mark

 

[vito113]

Police acting true to form

Copper agreed with me that he didnt see me exceed the limit - he just objected to the manner in which I achieved my target speed!

Nice to see the Police acting true to form as usual, wonder which part of the Highway Code he thought limits the speed we can accelerate at?
And they wonder why they are loosing the public's support…

Andy

 

[simonl]

Hi K,

From experience:

I got done for 63 through a 40 roadworks on a m'way, 4.5 yrs ago. Unmarked got me. 6 months later got a court summons. Went to a solicitor. They told me I would get between 3 and 6 points and a means tested fine - wouldn't get an auto ban. Went to court in person - solicitor said what a good char i was blah, blah, blah. Got £250 + 5 points. Was solicitor worth the extra £80? Not too sure. Could've said I was a good lad myself.

I would turn up to court though - in a suit. Good luck!

Si

 

[MBenzNL]

good luck Vin...

Sven was stopped in the Netherlands last week driving my car (the slow diesel) doing 186km/h instead of 120km/h...he got out of this rather easy being a tourist in the Netherlands (confiscated driving license that was picked up 5 days later and a 420 euro ticket)...hope you will get out of it as easy as well...

greetingz,

 

[GrahamC230K]

good luck Vin...

Sven was stopped in the Netherlands last week driving my car (the slow diesel) doing 186km/h instead of 120km/h...he got out of this rather easy being a tourist in the Netherlands (confiscated driving license that was picked up 5 days later and a 420 euro ticket)...hope you will get out of it as easy as well...

greetingz,

I rather think you should stop letting Sven drive your cars!!! LOL Just joking Sven!

 

[MBenzNL]

I rather think you should stop letting Sven drive your cars!!! LOL Just joking Sven!

hahaha - that is exactly what he said as well...ah well - at least the SL was save this time

greetingz,

 

[mercedes lover]

Good luck mate you've only done what loads of us have done before, just unfortunate that its under a government that classes speeding worst than rape or abuse. I'm behind you all the way