Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Hashbike on February 17, 2025, 08:43:04 pm
-
It isn't beyond the realms of possibility that with the stress of facing a totting ban, the OP, who is I presume new to the process, has read '6 months to prosecute' and equated that into '6 months to deliver a verdict'.
Hope, straws and clutching will make you do that.
-
There has never (or at least not within living memory) been a requirement to get the accused into court within 6 months.
... and for obvious reasons that has to be the case.
Perhaps the OP is reading what they want to see rather than what is actually there.
-
I read somewhere of a 6 months statute of limitation for being taken to court.
I love it when posters ask us to comment on unattributed bollox they allegedly read somewhere on the internet.
There are 2 possibilities - either you did not read that, or if you did whoever posted it is a moron.
As you claim to have received an FPN (as opposed to a COFP), for an endorseable offence, and received advice from the DVLA about it, the second possibility is perhaps not the clear favourite that it might otherwise have seemed.
For most summary offences, including speeding, the police have 6 months from the date of offence to instigate proceedings by issuing a Written Charge and either a Single Justice Procedure Notice, or Postal Requisition.
There has never (or at least not within living memory) been a requirement to get the accused into court within 6 months. It has always been to instigate proceedings.
-
The important date is when the written charge was issued. When you reply to it is immaterial for limitation purposes.
-
Hi, I have 9 points on my driver's licence ( all for driving around 25 to 28 mph in 20 mph zone). In Aug 2024, I received another speeding ticket for same offence. The car is under my wife's name so eventually i got issued a Fixed Penalty Notice which i did pay. A couple of weeks ago, I got issued a SJPN for the same offence; when I contacted the DVLA it was explained to me that because the offence would take me to 12 points, the FPN was issued in mistake so instead I was being served the SJPN.
I have till 26th Feb to reply to the SJPN.
I read somewhere of a 6 months statute of limitation for being taken to court.
Given that my speeding offence was on 20th Aug 2024 and I have till 26th Feb 2025 to reply to the SJPN, do i stand a chance of benefitting from this statute of limitation if i replied after 20th Feb ?
Thanks in advance