Another speeding question?
I recieved a NIP for 'exceeding a 30mph speed limit'..ahem;)..on the 27/08/03
and returned said form,confessing all:( and yet almost 8 months later I haven't heard any more about it:eek: Is this normal?,due to the amount of speeding offences these days or have I escaped the wrath of the law this time?,as all my friends seem to think Jon:D(furiously rubbing a rabbits foot;)) |
Originally Posted by Elmer Fudpucker
I recieved a NIP for 'exceeding a 30mph speed limit'..ahem;)..on the 27/08/03
and returned said form,confessing all:( and yet almost 8 months later I haven't heard any more about it:eek: Is this normal?,due to the amount of speeding offences these days or have I escaped the wrath of the law this time?,as all my friends seem to think Jon:D(furiously rubbing a rabbits foot;)) |
NIP must be sent out and received by alleged offender within 14 day period from date of offence.
Upon receipt the Fiscal (Scotland) or CPS (England) must initiate proceedings and have you in court within 6 months from date of offence. Failure by them to do this time bars the 'offence' and the matter can no longer proceed ie its scrapped = good news for yourself. |
Originally Posted by eobd
NIP must be sent out and received by alleged offender within 14 day period from date of offence.
Upon receipt the Fiscal (Scotland) or CPS (England) must initiate proceedings and have you in court within 6 months from date of offence. Failure by them to do this time bars the 'offence' and the matter can no longer proceed ie its scrapped = good news for yourself. offence - 1/08/2003 - end of 6 months was 31/01/04 i got my summons in mar 2004 dated 31/01 i took legal advice and was told that as long the cps applied to the court within 6 months that was sufficient!!! it is irrelavant how long it takes the court to contact the defendant!! therefore the 6 month rule does not apply! i think you have to be extremely lucky (as i am sure people on here will insist they are!!) to get away with it. i unfortunately wasnt, however i hope you are!! |
yes,I didn't get my hopes up too much regarding the 6 month limit:(
didn't that off-duty policeman who 'borrowed' a patrol car and got stopped at over 100mph have to wait 13 months for his case to get to court? Seems a bit strange,that the powers to be regard speeding motorists as such a vile and dangerous menace to society,then take forever to presecute:rolleyes: |
As stated the NIP has to be sent out within 14 days of the offence, then they have up to 6 months to send the summons out as long as the 'information' has been placed before the Court. If this hasn't been done, then congratulations, you've got a free, Get out of Jail card. If the summons has been 'protected', then yes, they can still prosecute you.
As regards to the off duty Policeman. I don't know about this case. But, it could be possible that there were other offences invovlved, i.e TDA, dangerous driving, etc. If he pleaded not guilty at Magistrates Court, this may have been referred up to a Crown Court due to the serious nature of the offence (i.e PC involved) But suffice to say it could take over a year to come to court. |
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