Speeding ticket

[jeffsy]

If a person received notification of a speeding offence (camera van) which was an SP30 for example (say, 52 in a 30 zone) and duly wrote back with the details, how long in law does the issuer have to then issue said 3 points and fine?

If there is a limit, does this run from the date of the original offence or the date of the issue of the original notice or when?

cheers

Graham

[vonhosen]

They have 6 months in which to start proceedings against you, that is lay information before a court.

[7db]

From the date on which the prosecuting authority had sufficient evidence to prosecute - which is the day of the offence in your case.

[Mr2Mike]

jeffsy said:

If a person received notification of a speeding offence (camera van) which was an SP30 for example (say, 52 in a 30 zone) and duly wrote back with the details, how long in law does the issuer have to then issue said 3 points and fine?

52 is beyond the threshold for a fixed penalty, so the case would more than likely go to court.

[BIG DUNC]

I know of a case where the offence was in April, but it was then September before the summons arrived, and then November before the court date. Apparently this is not uncommon.

[jeffsy]

So if the alleged offence was in January, the notice arrived in March and was returned with all the info per return, does the 6 months run from January or from the date when the alleged offence was admitted to?

[Dwight VanDriver]

January - starting the day after the offence:

Section 127 Magistrates' Court Act 1980 states that for all summary offences, of which speeding is one, the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise.

In computing the limitation period the day on which the offence was committed is not included. So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period.

dvd

[jeffsy]

Dwight VanDriver said:

January - starting the day after the offence:

Section 127 Magistrates' Court Act 1980 states that for all summary offences, of which speeding is one, the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise.

In computing the limitation period the day on which the offence was committed is not included. So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period.

dvd

cheers dvd - I'll check some dates out

[jeffsy]

DvD/All - help!!

Further to this thread I have now received a summons to appear in Court.

- The original alleged offence was on the 26/01/07
- The date of the Summons is 24/07/07
- I received the Summons today 14/08/07

Because it is 52mph in a 30 zone, that is why Im in Court

Could you please advise....

- The date of the Cour appearance is the same day I start a new career/University course to retrain to become a teacher so it presents a real diffculty me attending. Should I attend or plead guilty and not attend?

- Small mtigating circumstances relating to the alleged offence are that my wife (fiancee at the time) who has M.S. and had only come out of hospital 3 or so days before after major surgery and was left at home with her mother whilst I went to get our marriage licence. No defence but I was speeding as I didnt want to leave her alone in that state for long (her mother wouldnt be able to pick her up if she had fallen etc). Is this worth mentioning?

- In the pack of info there is a green sheet headed "Take Note" saying that as I exceeded the limit by over 30mph it wold be wise to attend. This is wrong - it was 22mph over only as it was a 30mph zone. Should I point this out to the?

- Should I engage a solicitor?

Any knowledgeable help would be appreciated on this one folks

Thanks

Graham

[Thudd]

Sounds like a fair cop to me (no pun intended).

You were nearly 75% over the speed limit.

Equivalent in a 70 limit would have been around 120MPH.

[eltax91]

Thudd said:

Sounds like a fair cop to me (no pun intended).

You were nearly 75% over the speed limit.

Equivalent in a 70 limit would have been around 120MPH.

The OP was not asking for info about how to get off with speeding. He's merely saying some of the facts appear incorrect and wishes to seek advice on what to do about that.

[eltax91]

jeffsy said:

DvD/All - help!!

Further to this thread I have now received a summons to appear in Court.

- The original alleged offence was on the 26/01/07
- The date of the Summons is 24/07/07
- I received the Summons today 14/08/07

Because it is 52mph in a 30 zone, that is why Im in Court

Could you please advise....

- The date of the Cour appearance is the same day I start a new career/University course to retrain to become a teacher so it presents a real diffculty me attending. Should I attend or plead guilty and not attend?

- Small mtigating circumstances relating to the alleged offence are that my wife (fiancee at the time) who has M.S. and had only come out of hospital 3 or so days before after major surgery and was left at home with her mother whilst I went to get our marriage licence. No defence but I was speeding as I didnt want to leave her alone in that state for long (her mother wouldnt be able to pick her up if she had fallen etc). Is this worth mentioning?

- In the pack of info there is a green sheet headed "Take Note" saying that as I exceeded the limit by over 30mph it wold be wise to attend. This is wrong - it was 22mph over only as it was a 30mph zone. Should I point this out to the?

- Should I engage a solicitor?

Any knowledgeable help would be appreciated on this one folks

Thanks

Graham

It looks to me like they've (unluckily for you) only just sneaked in under that 6 month window. I would suggested that you write down all your mitigating circumstances in a letter, including the fact that you were 22mph over the limit, NOT more than 30mph over as the letter states. Send this letter off as your admission of guilt prior to the court case, with the reasons you can't attend. I would think they should notice the error and offer you the conditional 3pts and £60 fine. Have you been offered this at any point and rejected it? Opting to go to court. If not, perhaps you should mention in the ltter that judging by the obvious mistake of the amount of your indescretion, it might be wise the court reconsider whether they wish to waste their time in taking you to court for a case you cannot attend.

[jeffsy]

Thanks Paul - good start

I hadnt been offered anything before and just assumed that I would get a statutory penalty so let it run its course.

As you say its not that Im trying to get off its just that the admin smells a bit (in fact the court papers with the written statements are stamp dated 13/08 which is well over the 6 months limit). It looks as though they prepared the summons before the 6 month limit and then waited the best part of 3 weeks to get the rest of the info together.


Graham

[SS2.]

eltax91 said:

It looks to me like they've (unluckily for you) only just sneaked in under that 6 month window. I would suggested that you write down all your mitigating circumstances in a letter, including the fact that you were 22mph over the limit, NOT more than 30mph over as the letter states. Send this letter off as your admission of guilt prior to the court case, with the reasons you can't attend. I would think they should notice the error and offer you the conditional 3pts and £60 fine. Have you been offered this at any point and rejected it? Opting to go to court. If not, perhaps you should mention in the ltter that judging by the obvious mistake of the amount of your indescretion, it might be wise the court reconsider whether they wish to waste their time in taking you to court for a case you cannot attend.

Not so sure on some of that, eltax..

Jeffsy has been summonsed because the speed alleged (52 in a 30) is in excess of that which could ordinarily be dealt with Conditional Offer.

Upon conviction at this speed, the current Magistrates' Sentencing Guidelines suggest 6 points OR a period of disqualification of up to 56 days. I would be astonished if, upon conviction, Jeffsy was to 'escape' with £60 and 3 points.

If Jeffsy is convicted and the court is considering a ban, then he would be require to attend for sentencing.

If Jeffsy cannot attend on the date(s) put forward, then the case will be adjourned until a mutually satisfactory date can be agreed.

Jeffsy - have you entered a plea yet ?

If you are planning on pleading guilty, then, personally, I wouldn't bother employing a solicitor. Save the expense, attend court and do your own mitigating.

If you plan on pleading not guilty, then a preliminary consultation with a specialist motoring solicitor may be warranted. Failing that, pop over to www.pepipoo.com and see if anyone there can offer any advice..

[Dwight VanDriver]

Graham

You were 2 mph over the criteria for getting a FPN (£60/3 points No Court). In that extra 2 mph 'they' think you were that more bit naughty and want a look at you with a possible fine and ban in mind.

With this in mind then you may well want to attend personally at Court to present your mitigating factors. You may consider employing a Solicitor, which could add £100-200 to the fine (in excess of £60 + CPS Costs £40 -60 + £15 to Victims Support supplement).

From what you mention you accept committing the offence and appear to be someone who can speak for themselves so would a Brief be necessary?

If you check on your summons there should be details of when the Information was laid. If that date is more than 6 months from the date of the offence then limitation on proceedings are up and summons invalid.

If the Court date does cause great inconvienance then speak to the Mags Clerk Office of the Court concerned and ask for an adjournment. They will advise.

dvd

Edited by Dwight VanDriver on Tuesday 14th August 15:17