notice of prosecution for speeding

Iceweasel

Oops - sorry about that.

Aretnap wrote: »

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.

My apologies for not having properly understood the difference between the Scottish and the English system.

Enfieldian

More than likely the driver was given a verbal NIP at the time of the offence and a TOR (Traffic Offence Report) was submitted.

Did your son get a slip of paper from the officer basically saying "Don't do anything until you hear from us"?

If so then that was definitely a TOR. Fixed Penalty Endorsable tickets are being/have been phased out by a lot of forces over the last 12 months.

bod1467

Johno100 wrote: »

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

Sorry - 40. (Road speed signs are MUCH bigger than characters on a small screen).

tykesi wrote: »

No - 75 in a 40 not that it improves matters

Indeed it doesn't. Stupid person driving at a stupid speed. I realise that speed limits can often be treated as a guidance (with a nod to Pirates of the Caribbean) depending on road conditions (and the police may give some leeway), but 75 in a 40 ( ) is totally irresponsible and completely unjustifiable.

agrinnall

bod1467 wrote: »

Indeed it doesn't. Stupid person driving at a stupid speed. I realise that speed limits can often be treated as a guidance (with a nod to Pirates of the Caribbean) depending on road conditions (and the police may give some leeway), but 75 in a 40 ( ) is totally irresponsible and completely unjustifiable.

I'm not excusing it, but if the 40 is on a dual carriageway then it's pretty easy to see how you can be legally doing 70 and a second later be doing 30 over the limit. There's a place outside Edinburgh where I got done for 70 in a 50 for this reason - it was motorway then dual carriageway slip road at national speed limit then 50 and shortly after that 40 - I missed the 50 sign and was still doing 70 when the camera flashed me, although I knew it would soon be 40. Fine and 4 points. Not long after they removed both the camera and the 50 section so it is now 70 straight into 40.

bod1467

I was done last December on the new road through Ravenscraig ... 40 in a 30 (even though it was dual-carriageway with a physical separation between carriageway). In April the limit was raised to 40! :mad:

JohnM5206

agrinnall wrote: »

Not long after they removed both the camera and the 50 section so it is now 70 straight into 40.

If that is M9 southbound to Newbridge, the camera has gone but the 50 section still exists for that short distance then a 40 through the roundabout and beyond.

IamNotAllowedToUseMyName

As he was stopped, that was the notice, and then the CPS have six months to lay the information before the court. The court then decide when they can schedule the trial for and issue a summons. Clearly, if it only has just been received then it is worth checking with the courts when the summons was laid if it is not stated in detail the letter. You can ring the clerk of the court. The date of the offence is not included, so it had to have been laid on or before the 19/07. I can then quite believe it might take the courts a few weeks to send out the summons. It seems to be the way that these things seem to be left to the last minute.

6 points - did the black sheep of the family get his licence more than two years before January? If he did not, he will certainly lose his licence and will have to retake his test.

Assuming it is valid, then it is worth pleading guilty by post to reduce any fines, but as a ban is a possibility he will be expected to attend for sentencing, to which the advice is to basically to fall back on the defence of the stupidity of youth, apologies, lesson learnt, no excuses. There are no mitigating circumstances in his case, but passengers and young drivers does not look good and will attract a higher sentence, as will anything where the police think his driving was careless or dangerous, not simply the raw speed element. So if it was an empty road, good visibility he was alone, state that in the letter, do not put anything that might look as if it is an excuse.

agrinnall

JohnM5206 wrote: »

If that is M9 southbound to Newbridge, the camera has gone but the 50 section still exists for that short distance then a 40 through the roundabout and beyond.

It is, and I'm sure you're right, I don't go that way very often and when I do I'm ultra-cautious so I'm probably down to 40 by the time the 50 stretch starts anyway.

Rover_Driver

IanMSpencer wrote: »

As he was stopped, that was the notice, and then the CPS have six months to lay the information before the court. The court then decide when they can schedule the trial for and issue a summons. Clearly, if it only has just been received then it is worth checking with the courts when the summons was laid if it is not stated in detail the letter. You can ring the clerk of the court. The date of the offence is not included, so it had to have been laid on or before the 19/07. I can then quite believe it might take the courts a few weeks to send out the summons. It seems to be the way that these things seem to be left to the last minute.

The OP has a postal requisition, not a summons - s.29, Criminal Justice Act 2003 - slightly different process.

Stooby2

This is all quite wrong and not helped by the original post.

The OP states their son received a ticket for doing 75mph in a 40mph limit. Whilst this is over the ACPO guideline speed for issuing a ticket, it is only a guideline and it's up to the officer how he/she will deal with it. "Ticket" usually means Fixed Penalty Notice and it may be the son failed to comply with it, hence the delay in the requisition being sent out, however the way it's described it sounds more like a summons - "plead guilty by post".

It could have been a TOR- traffic offence report, but not all forces are using this system as yet, so the location of the offence would be useful.

Some more precise details are needed. What was actually given to the son, what is actual requisition/summons sent out and where was the offence committed? Otherwise it's all guesswork and wrong advice.