ScoobyNet.com - Subaru Enthusiast Forum

ScoobyNet.com - Subaru Enthusiast Forum (https://www.scoobynet.com/)
-   Non Scooby Related (https://www.scoobynet.com/non-scooby-related-4/)
-   -   Received Speeding Court Summons After 5 months!? (https://www.scoobynet.com/non-scooby-related-4/268400-received-speeding-court-summons-after-5-months.html)

TBMeech 11 June 2003 10:13 AM

14 working days for NIP from a Gatso Camera.

I think its up to 6 months for a court summons.

When I got caught speeding on my bike in '95 it took 5 months for the summons to come thru, but due to loads of reasons (I wont bore anyone here lol) it actually took nearly a year to get us to court.

[Edited by TBMeech - 11/6/2003 10:15:13 AM]

Scooby_simon 11 June 2003 10:20 AM



[Edited by Scooby_simon - 11/6/2003 11:45:55 AM]

Spoon 11 June 2003 03:07 PM

.

[Edited by Spoon - 11/6/2003 3:08:05 PM]

Scooby_simon 11 October 2003 12:04 AM

To reply to this :

SO after having read all the posts... what is the best advice or what is the next step...

1] Should I have received something else between the time I was stopped and the summons...
2] Should I reply guilty or not guilty...
3] Should I get a solicitor involved...
4] Should I contact my witness to come forward

Please advise and thanks in advance

1, yes, but not 100% cert.
2, Depends, but prob. Yes if that have photo / speedo evidence..
3, Again depends. If you would be well and truly...if you loose the ability to drive I would say yes, 100%. If it would be a pain then maybe. However, remember what others said above aboout loss of earnings / Job...
4, Yes, It may be of use depending on 3.

This was my situation and what happened to me :

1, 89 in a 50, yes I know, opps.....
2, I got a solicitor as my work is IT and although I do not need my car for work (asked work for claification either way on it), and a statement that I would not loose my job if I did not have the ability to drive I could not use that as mitigating circs..However If I was made redundant in the run of things (un related to driving issue) I would find it impossible to get another job.......I also have a young family etc..etc...etc....previous good record, clean before this....clear bright sunday am, little other tarffic etc..etc...
3, I got a large fine and 6 Points, and thus no ban, but I do have to carry the points around for 5 years.

[Edited by Scooby_simon - 11/10/2003 10:43:42 AM]

adeel.a 06 November 2003 12:02 AM

I was stopped by normal police in June this year with the assumption that I was speeding and now have just received a court summons this week... is this usual.

I was given a producer at the time without stating what supposed offence I had committed, which I showed my documents the next day... however the officer did mention I will receive the summons within the two weeks.

Any advice or clues...

Thanks in advance...

Boro 06 November 2003 01:34 AM

Im not sure what the time limit is for the summons to come through but the time limit for an NIP is 14 days. As you were stopped by the police this would act as ur NIP as they told you that a summons will follow. IIRC isnt the summons upto 6mths?

Danbo 06 November 2003 04:27 AM

6 months for the summons.

Leviathan 06 November 2003 07:26 AM

Mate of mine got pulled on the M4 about 4 months ago for 3 figures so hes deffo looking at a ban and hes still waiting!

sc00by57 06 November 2003 07:58 AM

waited five month when i was done a few years back! same also for my dad! AFAIK its six months!

+Doc+ 06 November 2003 08:01 AM

I waited eight months for my CD10 summonds

Judge 06 November 2003 09:24 AM

The time bar to recieve a summons for breaches of the road traffic act is indeed six months.If vit was any later than that then you could legitimately dispute it.You must be informed of a breach of the road traffic act within two weeks if you are caught by approved device (Gatso etc) as you were not stopped by the police.Again if you are not informed within this period you may legitimately dispute the action.The issue is that you must be warned of the "intention to prosecute" at the time of detection.Obviously this cannot be the case with Gatsos etc so the 2 week admin period was introduced.

hixton 06 November 2003 09:44 AM

All police are severe SCUM.,
I hope they all get struck down by lightening.
The arrogant low life pieces of sh1t, why dont they just go and enter the gas chambers and finish themselves.

kentscooby2 06 November 2003 09:59 AM

Hixton
either you're bored and looking for angry responses
or genuinely you mean it?

That sort of comment significantly demeans the value of Scoobynet.
You would be better posting on the multitude of fascist hate sites than this one. Get a life.


lmsbman 06 November 2003 10:07 AM

When you were stopped, what sort of device was used to calculate your speed? You should have heard a phrase like "You will be reported for the consideration of the question of prosecting you for excess speed". If you didn't then they can't proceed.
The Police must begin proceedings within 6 months i.e. serve a summons. However, you will be entitled to advanced disclosure which means they must provide you with all their evidence prior to any court case. You will probably find that the CPS will do this in dibs & drabs, so be patient! What speed were you doing? If it was 20+ mph over the speed limit in a 30mph limit or 30+ in any other limit, you will likely be banned for a short while. It may well be worth getting a solicitor to fight your case. However, the only way you'll get off, is if you can prove a procedural error on the Police's behalf.

Scooby_simon 06 November 2003 10:19 AM

adeel.a

People above are correct. The following MUST happen

1, Notice of intended prosecution (NIP) must arrive within 2 weeks of getting nabbed.
2, It must go you court withing 6 Months.

How do I know ?, well I have recently been thru it...

Got done on the A1 is Sandy for a bit more than 30 over the limit. Where did you get done ? Which Police authority ?

I used a Solicitor and I got a V nasty fine but I kept my licence with 6 points....Pls e-mail if you want any more info etc...


CTRnutter *2* 06 November 2003 11:59 AM

kentscooby2

Have a member of your family working for the filth;) then or just feeling a bit touchy today,

He is entitled to hold those views, and i have good reason to be p!ss'd with the local law enforcement with their speedy approach to the incident in which my brother was envolved with his car,

it seems they are only to quick to react when a film needs changing in a speed camera.

Ian E 06 November 2003 12:32 PM

Not read all this thread but they can issue a NIP verbally, they don't have to give you it in writing. It took 5 months from my verbal NIP until I received a court summons.

Chris29 06 November 2003 01:22 PM

How were you clocked for speeding. If it was a traffic cop they are calssed as expert witnesses and in some cases can prosecute for speeding without calibrated equipment. If it was a normal patrol cop unless there were two in the car who will both provide statements to the effect you were speeding (hardly ever happens, we usually go down route of dangerous driving) i doubt they have much of a case. It is 6 months for a court summons and 14 days for an NIP. Sounds like an interesting job, but without knowing what you are being done for i cant really comment.

P.S. Just to clear any confusion, i am not attempting to find a way out for speeding, just checking that a mistake hasn't been made in processing the summons (it does happen and people get done for wrong things!)

MadMark 06 November 2003 01:42 PM

It took 5 months for my summons to come through ..... stopped by police using Laser on 7th May and didn't go to court until 24th Sept - was doing 101mph ..... so 14 day ban - £250 fine but no points!
I took legal advice before attending......

Little Clanger 06 November 2003 01:59 PM

Can I add a little help here. Three figure speeds DO NOT attract an automatic ban as most people beleive. Speeding is classed as what is known as a "Strict Liability Offence" in that if you were speeding, you are guilty. However, the penalty can be mitigated. If you dont fancy the sound of a ban, you must demonstrate to the court that a ban would bring you "undue hardship" (i.e. loosing your job if you depended on your license to earn your living). If you succeed in pleading undue hardship, you will almost certainly attract a bigger fine, so make yer choice. The further over 100mph you go, the more likely a ban will be - then getting on to dangerous driving etc which you DONT want.

Also, all those who say summons must be received within 6-months of committing the offence are correct. If you dont get it, you will almost certainly escape trouble but always keep written contact with the court over the matter once the late summons is received.

Be careful out there you crazy kids.


kentscooby2 06 November 2003 02:49 PM

CTR Nutter
absolutely no connection with police whatsoever.

just irks me when a few bad experiences cause people to write off the whole policeforce and recommend they gas themselves

course you're all welcome to your own view
just surprised and disappointed at the extreme nature of Hixton's post - esp when know that plenty of Scoobynetters are connected to the police.

flagrant, abusive taunt INMHO

chill!

medders 06 November 2003 03:00 PM

He's probably a 15 year old. Bet his mum doesn't know he talks like that.

Little Clanger 06 November 2003 03:04 PM

Mad Mark,
thats spooky mate. I got caught doing 100.98 on the M1, and I also got 14-days and £250 fine.

Hixon - take a chill pill mate, they are only doing their job.

hixton 06 November 2003 05:29 PM

Let me tell you.
When my g/f was tied up in our own home held hostage for my car keys and the Police cant even make the effort to turn up in time, examine properly the evidence or even make a thourough investigation to catch the twats.
Thats why they all deserve beheading.
They would rather catch a speeding motorist and is all they are trained for.
They have no idea how to handle real life crime, the toy soldiers.

adeel.a 06 November 2003 06:38 PM

Just to shed some light, I was the first car on the traffic lights... the police car was behind a car which was behind a tall van...

The car I was driving has a very vaery loud exhaust, after a while I saw a police car (same one I saw earlier by the roadside parked up checking someone else out) driving on the opposite side of the road (because it was clear)... approaching me.

I thought they were on persuit so I drifted my car towards the left (naturally) to move out of the way. As we approached a round about, it pulled up on the right of me... still nothing...

As I went over it, they flashed me down. There were 2 of them, he accused me for speeding but not wreckless driving. It was a normal police, not traffic or anything else like that.

They gave me a producer (but at the time I didn,t know what t was because I have never been stopped by police in my 6 years of driving life). He said that I will get a court summons within 2 weeks...

He didn't show me any evidence, nor did they drive parralell with me... the road was a 40mph and I was doing around 70kmh... give or take...

After 5 months I get a summons... it only says on the summons I was doing in excess but does not say what speed they think I was doing what do you advise...

Thanks in advance

medders 06 November 2003 08:33 PM

Hixton - Maybe they thought that you'd be able to deal with it yourself as you talk so tough ?

medders 06 November 2003 08:36 PM

adeel - If you want some proper advice go to www.5ive-o.com and post on there. You will get some proper advice without all this B/S.
Thats if Hixton hasn't beheaded us all.

BEW 06 November 2003 09:01 PM

I've been through this recently but in Northern Ireland so it may be slightly different.
Did you not get copies of the officers statements with the summons stating the speed they assumed you were doing? I got my summons after 4 months.

In brief they followed me over a certain distance and reported the speed displayed on their patrol car's speedo,that and 3 cops's statements was all the evidence needed to take me to court.

I got off extremely lightly for some reason:reported as "being in excess of 110MPH in a 70 limit" £150 fine and 4 points! :)

mw2655 06 November 2003 09:31 PM

hi this site is quite good.

http://www.ukspeedtraps.co.uk/frames.htm

cheers matt

ps 91 mph in a sixty, £330, 28 day ban but no points. :)



cryptwalk 06 November 2003 10:33 PM

118mph on M1 going to the scooby big one. 21 day ban and £200 fine.

I had a good solicitor. Ban ends on Monday thank god!


All times are GMT +1. The time now is 12:13 AM.


© 2024 MH Sub I, LLC dba Internet Brands