Some clarification please
Discussion
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).
Pete
Pete
krallicious said:
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).
Pete
I think you have to receive either a verbal NIP at bthe roadside or a posted one....I don't think they can go straight to court,obviously I could be wrong..Pete
esselte said:
krallicious said:
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).
Pete
I think you have to receive either a verbal NIP at bthe roadside or a posted one....I don't think they can go straight to court,obviously I could be wrong..Pete
Edited by vonhosen on Thursday 15th November 21:11
vonhosen said:
esselte said:
krallicious said:
Can they go straight to the court without informing you that you have been caught? I thought that if you were caught you had to receive mail dated from within the 2 week period after the offence. I read if this was not the case and it went to court, the case would have to been thrown out because the law requires you to be informed of your offence. The couple of close calls I had would have been at most a couple of mph over the limits (I don't mean 57 in a 50 for example).
Pete
I think you have to receive either a verbal NIP at bthe roadside or a posted one....I don't think they can go straight to court,obviously I could be wrong..Pete
Edited by vonhosen on Thursday 15th November 21:11
esselte said:
Serious question here,not meaning to be smart,but how would they know who to send the summons to for a gatso/tallyvan caught offence?
Quite.In the absence of a signed statement (or verbal confession) from the accused that they were the driver at the time of the alleged offence, then there would not exist any proof (to the required criminal standard) of the identity of the driver.
With no admissible evidence of driver identity, then the service of a summons on anyone for the alleged speeding offence (detected by scamera) would appear to be somewhat pointless..
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