Help!! Advice needed on 106mph NIP

[Stephanie Plum]

Hi all

Pal of mine was caught at 106mph at the end of last October in Norfolk - pulled, given a ticket - fair cop, no argument or defence.

Thing is........ he still hasn't heard anything ref a court date, and we're trying to plan a jolly down to Spain in June with both our cars, so he needs to be driving. Is there a time limit eg 6 months from date of pull? Any ideas on what he might get? Clean licence up till now. Assuming a ban in UK means a ban in Europe? The latter is probably a stupid question but wanted to check!

It's making planning a bit tricky

Any help appreciated

TIA

[davidra]

Only because no better informed person has replied:

- I don't think a ban in the UK is a ban in Europe, but obviously he won't have a licence to use. If a foreign licence were available no problem

- I think there is a 6 month time limit on bring court proceedings after NIP.

dave

[vonhosen]

Stephanie Plum said:

Hi all

Pal of mine was caught at 106mph at the end of last October in Norfolk - pulled, given a ticket - fair cop, no argument or defence.

Thing is........ he still hasn't heard anything ref a court date, and we're trying to plan a jolly down to Spain in June with both our cars, so he needs to be driving. Is there a time limit eg 6 months from date of pull? Any ideas on what he might get? Clean licence up till now. Assuming a ban in UK means a ban in Europe? The latter is probably a stupid question but wanted to check!

It's making planning a bit tricky

Any help appreciated

TIA

Was he given a ticket or not ?
If he was given a ticket all he had to do was pay the fine & take the points.
If he wasn't given a ticket but was reported for summons, then they have a time limit of 6 months to lay the information before the court, the summons can be issued any reasonable time after that.

If you are banned on your UK licence, you are banned from driving on it anywhere.

[Stephanie Plum]

davidra said:

Only because no better informed person has replied:

- I don't think a ban in the UK is a ban in Europe, but obviously he won't have a licence to use. If a foreign licence were available no problem

- I think there is a 6 month time limit on bring court proceedings after NIP.

dave

Ta Dave - if the 6 months is right then that means we should at least have a court date by March 31st. At least that would be something.

[Stephanie Plum]

vonhosen said:

Was he given a ticket or not ?
If he was given a ticket all he had to do was pay the fine & take the points.
If he wasn't given a ticket but was reported for summons, then they have a time limit of 6 months to lay the information before the court, the summons can be issued any reasonable time after that.

If you are banned on your UK licence, you are banned from driving on it anywhere.

No he didn't get a ticket. Do they communicate to say they've laid it before the court? At the moment we're in the dark as to what's happening.

Edited by Stephanie Plum on Sunday 10th February 19:45

[vonhosen]

Stephanie Plum said:

No he didn't get a ticket. Do they communicate to say they've laid it before the court? At the moment we're in the dark as to what's happening.

The communication following information being laid is the summons.

It's just that they may not be able to issue the summons within 6 months because the offender disappears, but as long as the information is laid within the time frame then the summons can be issued when he is later found & it won't be timed out so to speak.

In normal cases though if you are still at the address you gave when stopped & having heard anything within 7 months then you will be unlikely to.

[Dwight VanDriver]

I understand that a ban in the UK is only valid elsewhere to Northern Ireland.

I have no knowledge that a ban in UK applies to rest of EEC but am aware that they working on it.

But, the fact that his Licence will be removed on ban, means that he will not be able to produce a 'Domestic Licence' to EEC Authorities - which is in itself effectively a ban.

If away and summons sent to address Mags will not go ahead until they are sure it has been served. But if so satisfied they can. The fact that it looks as if they may impose a ban they will want production of the offender so that it can be done personally.

One can circumvent a lot of stress and hassle is one speaks to the Magistrates Courts Clerk/CPS of the area where the offence took place to see if the case has been provisionally listed and point out dates of unavailabilty.

dvd

[Stephanie Plum]

Dwight VanDriver said:

One can circumvent a lot of stress and hassle is one speaks to the Magistrates Courts Clerk/CPS of the area where the offence took place to see if the case has been provisionally listed and point out dates of unavailabilty.

dvd

That sounds like a plan for this week!

Thanks

[10 Pence Short]

If the ban is less than 56 days (I think it's 56 days) the licence will be sent away, disqualification put on it, then sent staight back, so your friend would be able to produce licence overseas. If the ban was more than this, the licence would be sent away and would have to be applied for to get it back at the end of the ban period.

For 106mph, if it's just a straight forward case, you'd be unlucky to get anything longer than 28 days.

[DPX]

Without a DL how can you be insured ?

[SS2.]

DPX said:

Without a DL how can you be insured ?

You would need to advise your insurance company immediately upon disqualification otherwise you could be in breach of your insurance conditions.

From then on, it shouldn't be a problem to continue to insure your car (for fire, theft etc) for the duration of the driving disqualification.

[ferrarimark]

He would not just get a ticket,with a fine attached as he was over 100mph which means automatic court appearance. They have six months to summons for intended prosecution

[EU_Foreigner]

Not quite .. they have 6 months to lay the information, then it can take up to 6 - 8 weeks to inform you of that fact.

[ferrarimark]

read carefully mr not quite......six months to issue summons of intended prosecution.....If you have heard nothing at all from Police or Court within six months, you won't be hearing anything. So its six months, not six months and eight weeks..because that would be eight months.

[SS2.]

ferrarimark said:

read carefully mr not quite......six months to issue summons of intended prosecution.....If you have heard nothing at all from Police or Court within six months, you won't be hearing anything. So its six months, not six months and eight weeks..because that would be eight months.

In England & Wales - 6 months for the information to be laid. Issue and service of summons can follow outwith the 6 month period and remain valid..

s.127 Magistrates Court Act 1980 said:

127 Limitation of time

(1) Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

[ferrarimark]

I bet there is not one person on this forum that has been prosecuted with a summons issued after six months without ANY previous contact.

[SS2.]

ferrarimark said:

I bet there is not one person on this forum that has been prosecuted with a summons issued after six months without ANY previous contact.

The 'accused' in this thread was pulled over by the police - that constitutes previous contact.

The 'accused' in this thread could be served a valid summons, even if the date of service is later than 6 months from the date of the alleged offence.

Its of no relevance whatsoever whether anyone else here has received a summons beyond 6 months or not..

[Stephanie Plum]

Thanks guys - your help/advice is much appreciated. I think we're going to have to bite the bullet, makes some calls, explain where we're at and see if anyone knows what's happening.

Cheers