I would like to know if a speeding fine is invalid 6 months after the offense or whether it is 6 months after the last letter, or even whether this is true!
2007-05-10 10:20:06 · 16 answers · asked by Mash 2 in Cars & Transportation ➔ Other - Cars & Transportation
I have received a letter asking me to admit i was driving. i ignored the first one, and now have a second one giving me 28 days to reply to. The offense was on the 5th of December so was wondering if the offense would time out on the 5th of June?
2007-05-10 10:33:38 · update #1
I have just checked and the letter runs to the 28th of May - which leaves 8 days until the offense times out on the 5th of June. It has been held off for this long as i was caught on a mobile police camera. I sent correspondence asking for picture proof basically and it has taken this long to receive the evidence. I was wondering if now i could ask them for the calibration settings of the gun to get more time and go over the 6 months?
2007-05-10 11:09:44 · update #2
If it happened in the UK, then yes.
The Police have 6 months from the date of offence to lay information with the courts. A summons can arrive a few weeks after this date though.
Have you rec'd a CoFP? Has the 6 months passed?
EDIT **** MASH ****
So you have only rec'd a NIP? Does the 28 days to respond take you past the June time out? If so you cannot be done for speeding but you must supply them with your details otherwise you will be prosecuted for s172. Without knowing the actual dates, I would reply as close to the 28 deadline as possible, sent SPECIAL DELIVERY.
You shouldnt hear anything further - if you do just ignore it (or just email me)
Ignore the others on here who clearly dont know the law. I'm staggered people try to offer useless and incorrect advice on something they know nothing about
***ANOTHER EDIT***
This wouldnt happen to be a Welsh force by any chance?!
I really need to know:
What speed you were recorded doing, and what the speed limit was?
The date of the last NIP you received, the day you received it and the actual deadline stated on it?
Dont panic; if the speed can be dealt with as way of a fixed penalty (i.e not too excessive, or that you dont have too many points already on your licence) you are still home dry.
EMAIL ME IF NEED BE.
2007-05-10 10:27:37 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Your son will have been told verbally the speed at the time he was stopped, so he should know. It is the norm to tell the person the speed but not to write it in his copy of the ticket. Also the norm is for the Officer to show the reading to your son (although that is not compulsory.) Rest assured the exact speed your son was recorded travelling at will be recorded on the Officers copy of the ticket as will other evidential notes made at the time of the check. This is standard Police practice. Unless your son was going more than 20mph above the limit , as long as he accepts the fixed penalty the fine then points remain the same regardless of his speed (up to the 20mph above the limit), so his speed is immaterial to the penalty in that speed range. Alternatively your son can decline to pay the ticket and elect a Court trial. If he chooses to go to court, the fine depends on how far over the limit he was and he has to pay court costs if found guilty. Personally I would ask your son to stretch his memory, I think he has "forgotten" some of what he was told by the Officer during the stop. I suppose that's understandable, we don't all tell our parents everything we do wrong do we? The Police simply don't keep the speed a secret when they stop someone, why would they? In any case your son accepts he was speeding so if I were him I would accept the ticket and learn a lesson.
2016-05-19 23:55:48 · answer #2 · answered by ? 3 · 0⤊ 0⤋
The police have 2 weeks to issue you with a NIP (Notice of Intended Prosecution). After that they have 6 months to take it to court.
If you get pulled over by the police and they tell you that they are charging you with speeding then that is considered your NIP.
If you've received a NIP (which it sounds like you have) and you do not respond then they will find you guilty in your absence. The fact that you are requesting more info from them won't make it go away. It will simply delay things.
If you go to court and plead guilty after all that time, the judge might take the view that you have been wasting court time and be harsh on you, or he might go the other way and think that this has been a silly exercise by the police and they have taken to long about things and so be lenient on you.
Either way, the law in the UK sees you as guilty until proven innocent for all driving offences. Personally I think its a travesty that our society allows this. Rapists and Murderers are walking free on technicalities when you and I are getting prosecuted for driving at 70mph in a 60 zone when its perfectly safe to do so!
Makes my blood boil.
Rant over!
2007-05-10 22:30:56 · answer #3 · answered by wally_zebon 5 · 1⤊ 0⤋
Hello,
(ANS) NO!! totally untrue. A speeding fine is considered just like any debt & if you fail to pay up, then you will probably be hit for further costs. At worst you could be summonsed to come to court, or another method might be to put the debt in the hands of a debt collection company and if that happens you would might find that a simple speeding fine of say £60 becomes £360 after other costs.
**Debts are NOT written off after 6months they remain YOUR debt for many years and you can still be pursued for an unpaid debt for up to 6years.
**Unpaid speeding fines also may be included on your credit reference history file, which could impact your credit scoring too.
If you want a peaceful life I'd pay the ticket if I was you?
IR
2007-05-10 10:40:56 · answer #4 · answered by Anonymous · 0⤊ 2⤋
In the UK there is 2 weeks for the authorities to send you the initiating paperwork or otherwise warn you of intended prosecution. fixed penalty &c. They have to post it in sufficient time for it normally to reach you, ie first class on the day before would do. Ignoring the letter, or being away from your registered address does not help.
2007-05-10 20:52:05 · answer #5 · answered by The original Peter G 7 · 0⤊ 0⤋
As far as I am aware it is true if you have not been contacted but you have been contacted within the six months. If you try and mess with the law the law will mess with you.
In my opinion you are much better off accepting the punishment as it is, otherwise you will find that you will get hammered.
Sorry, probably not the answer that you want but you are getting the truth.
2007-05-10 20:23:10 · answer #6 · answered by g_a_n_d_al_f 2 · 0⤊ 0⤋
take it from me...been there done that...if you dont pay the ticket, there is no time out period, they will just simply suspend your license. then it will cost you alot more to get it back. and if you drive without a license, there is no passing go, no collecting 200 dollars, you go straight to jail. so my advice....pay it!!!
2007-05-10 17:12:58 · answer #7 · answered by squizz_21 2 · 0⤊ 0⤋
Just one other point... the NIP only has to go to the registered keeper, if they have sold the car/bike it still counts.
2007-05-11 07:36:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
it stays on your license for 4 years. even though when you go to renew car insurance they ask convictions in the last 5 years.
2007-05-10 10:33:12 · answer #9 · answered by Anonymous · 0⤊ 1⤋
No if you dont pay they take you to court and you will get a higher fine or a custodial sentence
2007-05-10 10:29:46 · answer #10 · answered by Anonymous · 0⤊ 1⤋