driving offences (sumonds)

[Ray1916V]

i posted this on rsc, and was just wondering if u lot could help out too, ill also post the replys:

whats the usual time for the summonds to come thro after uve been caught driving with no insurance etc etc?

jimbo has just told me that if they send the summonds thro after 14days of the offence then they cannot prosecute......is this gospel?

any one know any different?

Ray

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I dont know about 14 days, but my sis got caught doing 99 on the motorway and was summonned almost two months afterwards, so cant see it being much different for no insurance etc. Might be wrong though.



RAC or AA might offer legal advice over the phone and theyd be able to tell you for sure.

Good luck.

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im pritty sure its two weeks mate after that you cna tell umm to f off

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yeah ive just found this lads - but it all seems like it contradicts itself back n fourth....



<A target=_blank href= "http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm#mdiv1U http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm#mdiv1/U

says all about the 14 days thing but readin it over n over to try n grasp is doin my head.

any ideas?

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The legal limit to how long a summons can take to come through to you is 6 months. If it comes through after that amount of time then they cant prosecute.



Mine took 5 months & 2 weeks to come through. How pissed off was i. 5 seperate Charges they brought against me aswell.

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no but reading this - the 6 months is only if they told u about the offence u are being charged for on the spot.



reading this, they say u have to recieve written documentation informing u of the charges against u within 14 days.

in this instance, ther person in question only got stopped with a tail light out. then was given a producer. then found out 6 days later he wasnt covered on insurance for that car.

im sure that comes under the 14 days - but boy is it hard goin tryin to understand this crap

ray

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any help would be much appreciated - cheers lads

Ray

 

[miltage2]

As far as I was aware it was 14 days but one of my mates got his court summonds for doing anout 130mph about 8 weeks after it happened. I think they just like to let you worry about it for a while and when you think you are in the clear then, there it is sitting on ur doorstep!!

So I am not sure mate, but from what I have come across this 14 day rule might aswell not exsist...thats if it does!!

 

[KDF]

having an IN10 on my insurance I can tell you it took ages for mine to come through.. about 3 months.. maybe they have speeded things up now I dont know.

Good thing for me is my IN10 is just about to come off as it was just about 4 years ago.

 

[EightBall]

If you have been verbally cautioned/reported for an offence by a police officer then a summons can be issued upto six months later.

If you have been caught on a GATSO or similar then they have 14 days to issue a NIP (Notice of Intended Prosecution).

A summons or NIP can take longer than this to arrive with you and still be valid, for example if it is mis-delivered, or you have not informed the DVLA of a change of address, so long as it has been issued within the legal amount of time allowed.

 

[Just Bob]

If you cant do the time, then dont do the crime.

If you cant afford the fine, then dont do the crime.

Simple init.

Thats what my brother in law copper says all the time!

Annoying bugger he is!

Bob

So I punched him in the gob!

 

[John V6]

If I remember rightly if you are cautioned at the time it is unlimited, if you commit an offence and are not cautioned at the time 14 days.

 

[Nick Read]

Weird one this...yes the 14 day rule does normally apply for a NIP but thats for an alleged speeding offence which was an instantaneous event - hard to say afterwards what did or did not happen without hard evidence (although that doesnt stop the police trying it on as a matter of course!)

However I wouldnt have thought the 14 day rule of thumb would have any bearing on a charge of driving uninsured. You cant claim that it was so long ago that you cant remember whether you were insured or not - all you have to do is look at the relevant paperwork or talk to the insurance company to find out! And in this case, the onus would be on the driver to show their insurance documents relating to the time of the alleged offence. If they cant do that then they are guilty as charged! There is simply no grey area with insurance as there is with speeding. YOu either ARE insured or you ARENT!

 

[Leanne]

Guess it would also depend on how far over your insurance you were if previously insured on said vehicle.

 

[Rajk]

When i used to investigate traffic accidents there was no legal time for no insurance, it realy does depend on if you were issued a form HORT1(producer) or you admitted to the fuzz that you were not insured at the time of stop. If you were reported for no insurance there is no STL( statatoury time limit), put down more info on how you were stopped and i will be able to give you some proper guidance. Anyway you are looking at three to six points for it, dependant on the magistrate.