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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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My sons car was photographed on 29/06/2013 speeding. As a result

Customer Question

My sons car was photographed on 29/06/2013 speeding. As a result his case was heard on the 16/04/2014 and he was fined £750.00 and given six penalty points. He is clear that he cant remember who was driving the car as so much time has passed since the offence and the magistrates hearing. I understand that a magistrates court has to hold pass sentence within a six month period. Is this correct?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When did he receive the summons please?
Customer: replied 3 years ago.

Dec 31st 2013

 

Expert:  Jo C. replied 3 years ago.
Thanks.

They do not have to sentence within six months. They have to lay an information within six months.

However, the date runs from the date of the offence and if he hasn't responded to the s173 form naming the driver then he will be summonsed for failing to identify and time will run from 28 days after the date of the nip.

Therefore, sadly they are well in time I'm afraid.

I'm very sorry but I have to give you truthful information

Can I clarify anything for you?

Jo