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Another speeding question?

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Old 11 April 2004, 10:15 PM
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Elmer Fudpucker
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Default 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

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(furiously rubbing a rabbits foot)
Old 11 April 2004, 11:10 PM
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Tandy
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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

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(furiously rubbing a rabbits foot)
You might of been lucky, the bad news is you will get 6 points or a ban for cruilty to animals. Leave the rabbits alone!
Old 12 April 2004, 12:00 AM
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eobd
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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.
Old 12 April 2004, 12:09 AM
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cactus jim
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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.
...unless they backdate it to before the end of the 6 months as they just did with me!!

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!!
Old 12 April 2004, 09:33 AM
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Elmer Fudpucker
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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
Old 12 April 2004, 11:02 AM
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thecirsch
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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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