Being pulled over - 6 months - is it true?
Discussion
If you are 'flashed' by a static camera or pinged by a manned trap then, as esselte has pointed out, the DVLA recorded RK must be served a Notice of Intended Prosecution within 14 days.
If you are pulled at the roadside, you would almost certainly be given a verbal NIP. This would negate the requirement of a paper notice to be served on the RK within 14 days.
If the alleged speeding offence was sufficiently serious such that it could not be dealt with by fixed penalty, or if you were unable to accept a fixed penalty (foreign national, more than 8 points currently etc), then the police would have 6 calendar months from the date of the offence* to commence proceedings.
In England, proceedings are commenced by the laying of an information (an application for summons) with the Magistrates' Court.
The summons itself can be issued and served several weeks after the information has been laid (ie legitimately outside of the 6 month window) and the case must be heard before the courts within 3 years.
So, if you were to get to 6 calendar months from the date of the alleged offence and no informations have been laid in your name, then it would be too late for the police to do so.
(*- For certain offences (notably licence / insurance offences), the 6 months starts from 'when evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge' - this may not necessarily be the day of the offence.)
If you are pulled at the roadside, you would almost certainly be given a verbal NIP. This would negate the requirement of a paper notice to be served on the RK within 14 days.
If the alleged speeding offence was sufficiently serious such that it could not be dealt with by fixed penalty, or if you were unable to accept a fixed penalty (foreign national, more than 8 points currently etc), then the police would have 6 calendar months from the date of the offence* to commence proceedings.
In England, proceedings are commenced by the laying of an information (an application for summons) with the Magistrates' Court.
The summons itself can be issued and served several weeks after the information has been laid (ie legitimately outside of the 6 month window) and the case must be heard before the courts within 3 years.
So, if you were to get to 6 calendar months from the date of the alleged offence and no informations have been laid in your name, then it would be too late for the police to do so.
(*- For certain offences (notably licence / insurance offences), the 6 months starts from 'when evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge' - this may not necessarily be the day of the offence.)
Lukea6 said:
A post on another forum says that a guy was pulled at 122mph and hasn't heard anything after 6 months. Stupid driver with a bit of luck eh!
Maybe lucky, maybe not.. He could still be served a valid summons after 6 months has expired, so long as the summons was applied for within 6 months of the alleged offence.
>>>>(*- For certain offences (notably licence / insurance offences), the 6 months starts from 'when evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge' - this may not necessarily be the day of the offence.)<<<<<<
......up to a maximum of 3 years.
dvd
......up to a maximum of 3 years.
dvd
Dibble said:
Lukea6 said:
A post on another forum says that a guy was pulled at 122mph and hasn't heard anything after 6 months. Stupid driver with a bit of luck eh!
Why's he stupid?2 - for not spotting the police car on the motorway while driving at 122mph
3 - for over taking the police car that was chasing a speeding car at the time while doing 122mph and then getting pulled himself
Lukea6 said:
Dibble said:
Lukea6 said:
A post on another forum says that a guy was pulled at 122mph and hasn't heard anything after 6 months. Stupid driver with a bit of luck eh!
Why's he stupid?2 - for not spotting the police car on the motorway while driving at 122mph
3 - for over taking the police car that was chasing a speeding car at the time while doing 122mph and then getting pulled himself
Lukea6 said:
Well, if he didnt spot the police car then presumably the road was pretty busy!
Or maybe it was a quiet sunday morning and he was being a little enthusiastic - plod are on a bridge, or partially behind some cover, see him coming from a mile off and set off after him. He, being focussed on the road ahead, does not see the sliver of white until too late.Unless you were there, you can't comment as to his stupidity or not.
Maybe the "Tunes" in your Ibiza 8v are making your head fuzzy?
Maybe they're not as I don't do the whole 'tunes' thing in my car. They're more of a hobby at home. Bit presumptious there don't you think?
I've picked up on the fact that this site has the common belief that driving fast is ok. Maybe it is. I enjoy driving fast when it's safe.
In my opinion driving above the speed limit is stupid. Is it really worth getting points / fines / banned for a few extra MPH? In my opinion no.
I've picked up on the fact that this site has the common belief that driving fast is ok. Maybe it is. I enjoy driving fast when it's safe.
In my opinion driving above the speed limit is stupid. Is it really worth getting points / fines / banned for a few extra MPH? In my opinion no.
Lukea6 said:
Dibble said:
Lukea6 said:
A post on another forum says that a guy was pulled at 122mph and hasn't heard anything after 6 months. Stupid driver with a bit of luck eh!
Why's he stupid?2 - for not spotting the police car on the motorway while driving at 122mph
3 - for over taking the police car that was chasing a speeding car at the time while doing 122mph and then getting pulled himself
The only reason 122 mph on a dry empty motorway in a well maintained and capable car or motorbike in the UK is Stupid is because the LAW says that you will be banned and that might cause you severe hardship jobwise. In the wrong conditions even 70 mph is stupid but will never get you a ban.
[quote]The only reason 122 mph on a dry empty motorway in a well maintained and capable car or motorbike in the UK is Stupid is because the LAW says that you will be banned and that might cause you severe hardship jobwise.
[/quote]
You're right. Does the fact that it could cause you hardship jobwise not make it stupid?
[quote=Dibble]What's "fast" and what's "safe" then? In your opinion...
[/quote]
Depends on where you are. On ASDA car park on a Saturday afternoon with people walking about with shopping trolleys 30mph is fast and dangerous. 10mph would be safer.
On a runway in a capable car 200mph could be relatively safe.
[/quote]
You're right. Does the fact that it could cause you hardship jobwise not make it stupid?
[quote=Dibble]What's "fast" and what's "safe" then? In your opinion...
[/quote]
Depends on where you are. On ASDA car park on a Saturday afternoon with people walking about with shopping trolleys 30mph is fast and dangerous. 10mph would be safer.
On a runway in a capable car 200mph could be relatively safe.
Edited by Lukea6 on Wednesday 13th June 08:37
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