Free Traffic Legal Advice

Hi,

I was pointed to this forum for some help, and would really appreciate some advice.

Hoping for some advice, I was an idiot and was speeding on a English motorway after work. I was doing 60 mph and hanging in the left lane for a while and then exceeded the speed limit overtaking 2 lorries, I got carried away with the speed overtaking and did 90 mph (in a 70 mph zone) – just as I passed the lorries, there were a marked police car with a gun. I immediately pulled over, and the officer pulled up behind me. He asked me why I was pulled over, I replied I was speeding like an idiot. He mentioned what speed I was doing, and I replied with 85 mph. He showed me the gun and it showed 90 mph. He then had a discussion with me, cautioned me and said I’m going to be reported for the offence of speeding and that I’ll be getting a £100 fine + 3 penalty points. I was asked for my driving license, but I didn’t have it on me, so he took personal details (address/phone number etc.)

This happened on 21/06/2024, and I’ve been waiting for the letter patiently. I don’t contest the penalty, I’m an idiot and deserve the points.

I’ve read that because I’ve been cautioned at the scene, the 14 day limit for a NIP doesn’t apply. But a period of up to 6 months for prosecution can apply.

I’m just worried about not receiving the letter in the post in time, as I’m moving house in 2 months time, and I’ll get prosecuted in court, or that the letter may have been sent and I’ve not received anything. I’ve read that even if they post the letter, and I don’t receive it, the 28 day count to respond to the speeding offense and take the offer for 3 points still continues.

I would really appreciate some advice, do I try to contact the police station (Humberside police), I don’t have a reference number or the police officers name (I asked the chap on the day, and he said he has my number and will be in contact if anything is missing)

I just want to make it clear, I accept responsibility for the points, it was a stupid mistake and I’ve learned from this never to exceed the speed limit, even during overtaking. I've had my license for 5 years and have no previous speeding convictions.

Thank you very much in advance!

This happened on 21/06/2024, and I’ve been waiting for the letter patiently.

If you say so.

I’ve read that because I’ve been cautioned at the scene, the 14 day limit for a NIP doesn’t apply. But a period of up to 6 months for prosecution can apply.

Because you were *warned* at the time of offence (at the scene) that you might be prosecuted, there is no requirement to serve a NIP.

Despite being told so by the occifer, for 90 in a 70 limit (or any speed up to and including 95) you should be offered a fixed penalty. There is a practical time limit of 5 months to issue an offer of fixed penalty, although you should expect to receive it far sooner than that.

If the COFP has not been received by the time you move house, I would suggest contacting the relevant force and asking them to update your details (assuming that this has been progressed).

I just have a bit of a concern of if the letter is sent, but I do not receive it whilst at my current address. Would I still be prosecuted at court since I didn't receive. It's a hypothetical that I'm worried about.

No. They embed the same tracking chips that were used in the covid masks to track the fixed penalty offers, so they would know that the fixed penalty offer was not received and would not prosecute you.