notice of prosecution for speeding

famie66

Can anyone help?

My son was stopped on 19/01/2014 and issued a ticket for speeding in a 40 limit. According to the laser speed device he as doing 75mph.

We have not heard anything since until today when he received a postal requisition with a court date in October unless he pleads guilty by post.

Does anyone know if there is a time limit from offence to notice of prosecution? I believe they have 6mths to contact you.

Hintza

Sounds way to long to me. Are you sure nothing came in the post? Did you son hide/forget/ignore it? You need to get that sorted out first. Then I would suggest a lawyer. Otherwise it will be bye bye licence.

Iceweasel

Something not right here.

Presumably this is in England, where the CPS have 6 months from the date of the incident to inform the driver that they are going to issue proceedings.

Then there is normally a further letter with the courts summons.

Sounds like your son has just received the court summons.

So the question is - What happened to the letter that should have been received within the 6 months.

Has he changed address in the interim period?

Your son needs a lawer - and quick.

1st port of call should be the CAB.

mgdavid

famie66 wrote: »

Can anyone help?

My son was stopped on 19/01/2014 and issued a ticket for speeding in a 40 limit. According to the laser speed device he as doing 75mph.
.....

what exactly was the 'ticket'? If t was a NIP then there's nothing further to notify within a month. Given the speed, a fixed penalty looks very unlikely.

roonaldo

that is not the first letter he has received, its probably the 2nd by the sounds of it as the letter you describe isnt the first letter.

Aretnap

Iceweasel wrote: »

Presumably this is in England, where the CPS have 6 months from the date of the incident to inform the driver that they are going to issue proceedings.

Then there is normally a further letter with the courts summons.

This is not correct. In England the deadline is 6 months from the date of the offence to lay information with the court (ie apply for a summons). The first the accused is likely to hear about it is when the summons actually arrives. That may be several weeks after the information was laid - there is no specific deadline. The requisition may have an "information date" on it which will say when the information was laid - if it doesn't your son can contact the court and find out.

This is slightly different from the situation in Scotland where the citation must be created within 6 months of the offence, and then served on the accused "without undue delay".

Given the speed he should be planning for a few weeks without his licence - see the sentencing guidelines below.

Aretnap

roonaldo wrote: »

that is not the first letter he has received, its probably the 2nd by the sounds of it as the letter you describe isnt the first letter.

If he was stopped by the police at the time of the offence and they were satisfied with his identity there would be no need for any contact before the summons arrives, especially if his speed was too high for a fixed penalty (which it was).

bod1467

75 in a 30? (And a real 75 would have been 80+ on his speedo!) Deserves to be locked up nevermind getting off on a technicality. :eek:

tykesi

bod1467 wrote: »

75 in a 30? (And a real 75 would have been 80+ on his speedo!) Deserves to be locked up nevermind getting off on a technicality. :eek:

No - 75 in a 40 not that it improves matters

Nodding_Donkey

famie66 wrote: »

Can anyone help?

Tell him to get the bus to court

Johno100

bod1467 wrote: »

75 in a 30? (And a real 75 would have been 80+ on his speedo!) Deserves to be locked up nevermind getting off on a technicality. :eek:

And are you sure you should be on the road if you can't tell a 30 from a 40?