How long till I go to court?
Discussion
Hi,
6 months ago I was clocked doing 87 on the A505 near Dunstable (60mph limit). I was a good boy and put my hands up for the crime asap. Of cause the next letter was one telling me that I can't take the fixed penalty and have to appear in court (that was Aug 14).
Thing is I have not heard a word since (since then I've racked up a 3 pointer doing 40 in a 30). Is there a time limit on how soon they have to get me in court? heard lots of rumors on the matter but don't trust the guys in the pub (Always think they know how it is)...
Any thoughts on my situation??
Cheers.
6 months ago I was clocked doing 87 on the A505 near Dunstable (60mph limit). I was a good boy and put my hands up for the crime asap. Of cause the next letter was one telling me that I can't take the fixed penalty and have to appear in court (that was Aug 14).
Thing is I have not heard a word since (since then I've racked up a 3 pointer doing 40 in a 30). Is there a time limit on how soon they have to get me in court? heard lots of rumors on the matter but don't trust the guys in the pub (Always think they know how it is)...
Any thoughts on my situation??
Cheers.
madcop posted a reply in "how long have i got" an extract is printed below
"There is a statutory limit in proceedings on motoring offences of 6 months (except V.E.L. and insurance which is 3 years). Basically the summons must be issued within that time (signed by a Magistrates clerk or Magistrate)for proceedings to qualify your appearance at court. Once the summons is issued legally within the 6 months, it can be served on you 6 years later if you have decided to dodge and weave to avoid it."
"There is a statutory limit in proceedings on motoring offences of 6 months (except V.E.L. and insurance which is 3 years). Basically the summons must be issued within that time (signed by a Magistrates clerk or Magistrate)for proceedings to qualify your appearance at court. Once the summons is issued legally within the 6 months, it can be served on you 6 years later if you have decided to dodge and weave to avoid it."
Yeah, that is the same as what they were knocking round in the pub... thing is no one knew when the 6 months started. Is it from the offence or when they notify you they want to take you to court? In the first case I am home free, in the second I have 4 weeks of not knowing still. Also what are the odds of a ban or any other dangerous driving charges? I've had my Seat Ibiza 130Sport just a week now, It'd kill me to get a ban or diqualification.
Just dealing with one where the summons was not served for over five months.
The only consolation is that if it is over six months then the prosecution is time barred from adding fresh summary offences, so if it turned out that your insurance was invalid, then it is tough luck for the CPS, because they can't add the charge.
It is plainly wrong that traffic cases frequently take so long to get to court. "Justice delayed is justice denied" and all of that New Labour nonesense.
In short, the delay is unfortunate, but no real indication that the prosecution will not be brought.
>> Edited by PatHeald on Saturday 18th January 19:41
The only consolation is that if it is over six months then the prosecution is time barred from adding fresh summary offences, so if it turned out that your insurance was invalid, then it is tough luck for the CPS, because they can't add the charge.
It is plainly wrong that traffic cases frequently take so long to get to court. "Justice delayed is justice denied" and all of that New Labour nonesense.
In short, the delay is unfortunate, but no real indication that the prosecution will not be brought.
>> Edited by PatHeald on Saturday 18th January 19:41
Got caught doing 101mph in Hampshire last June. Got legal advice and the 6 months turned out to be correct. 6 months pass and nothing. Solicitor reckons occasionally they get forgotten/lost. Two weeks later the summons turns up. The date of summons was exactly the last day of the period (Surprise, surprise!). I only have four days to prepare and arrange transportation from cambridgeshire incase i get a ban (This court apparently being notorious for dishing them out). Said I needed my car to answer fire calls during strike and got 6 points and £400 in the end. Don't celebrate if the 6 months passes and you don't hear anything!!
>> Edited by Simonthefireman on Saturday 18th January 21:55
>> Edited by Simonthefireman on Saturday 18th January 21:55
That is beyond cheeky... In my experience of the postal system things do tend to get through; it stinks of foul play when something date reliant gets conveniently held up. Enough said.
From what I've heard I'm assuming that the time is measured from the offence, and that the letter saying they will give me a court date is not an official document (that is it doesn’t buy them any time). I expect that a letter will drop through my door any day now; just in the nick of time. I'll be watching for any creative administration.
From what I've heard I'm assuming that the time is measured from the offence, and that the letter saying they will give me a court date is not an official document (that is it doesn’t buy them any time). I expect that a letter will drop through my door any day now; just in the nick of time. I'll be watching for any creative administration.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff