How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

I received a notice of intention to prosecute from the Lincolnshire

Resolved Question:

I received a notice of intention to prosecute from the Lincolnshire police for speeding, 52 mph in a 40 mph zone. I am driving on a Philippines driving licence and though im a UK citizen i have been living and working overseas for the past 25 yrs, as im due to return to my home in the Philippines at the end of July what should i do about this pending police action. Is it possible to pay a fine or attend a driving awareness course, your advise would be appreciated.

Richard Agnew
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can help with this.

tdlawyer :

How long have you been in the UK for now recently, more than 4 1/2 months?

Customer:

Hi Tony, i arrived back in the UK on March 12 this year.

tdlawyer :

Okay, then you might quality for a driving awareness course, but there is no "right" to attend one of these, it's down to the police force concerned to offer it. They usually do where you're 10% plus 9mph over the limit maxium, which for a 40 zone would be 53mph, so you would just about qualify.

tdlawyer :

They might make you such an offer shortly.

tdlawyer :

If not, then the worse it could get is that they could refer the matter to court, in which case, you're likely to be ordered to pay costs and receive penalty points. You could plead guilty (if you wanted to) by post by writing into the court.

Customer:

Is that still the case even though im driving on a Philippines licence

tdlawyer :

Yes, this is still possible even on a foreign license.

Customer:

I understood they could not attach points to a non EU licence

tdlawyer :

Sorry I thought you means the course - which is still available, but you're right about the points on a non-EU license, you may get a higher fine instead.

Customer:

Ah ok, so the police may agree to put me on a driving course, or hit me with a larger fine but no points on licence, how much would the fine likely be, and should i call at a police station and try and work it out,

tdlawyer :

No point calling to be honest - there will be a process in place that has to be worked through. The fine is based on a few things, including affordability in effect, but I would expect on average you might be looking at c £250 or so.

Customer:

So my best course of action is to fill in the back of the notice and return it to the Lincoln ticket office and wait to see what happens, can i suggest im willing to pay a fine or is that pointless. Would i know a decision before i leave the UK

tdlawyer :

You should hear well before you leave, yes.

tdlawyer :

Just fill it in, return it, and see what happens; I expect you'll be offered the course, but there is no way of knowing for sure.

Customer:

Ok many thanks i shall follow your advise.

tdlawyer :

Thank you. XXXXX ask if if you're happy with the service this morning please?

Customer:

Yes im happy with your service, it was quick and informative, many thanks, XXXXX XXXXX have an immigration question but i wold assume that area is being dealt with someone else

tdlawyer and other Law Specialists are ready to help you