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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My Italian mother law stayed with with us for a month this

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Hi. My Italian mother law stayed with with us for a month this year and accrued 2 speeding offences by camera. One offence was 100mph in a 70mph zone and therefore will require a court appearance. Does the magistrates court have a process for forcing her to return from Sardinia in order to attend? Thanks
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
It is worth adding that the offence was in my company car so I have been asked to supply driver information. It also took nearly 2 months for me to recieve the notification of offence as it went via my hire company.
Expert:  F E Smith replied 6 months ago.

Can you get a copy of your mother-in-law’s driving licence and passport and her ticket whereby she came to the UK and returned?

Customer: replied 6 months ago.
I am not sure. I imagine I could get photocopies scanned through. She is not Young do I wouldn't be without difficulty. Is this what the court might request?
Expert:  F E Smith replied 6 months ago.

Anyone who stopped for speeding could simply say that it was there mother-in-law in Australia or Italy or whatever and hence, if you are going to say that it was your mother-in-law that was driving the car, you will need to prove that she exists, that she drives, and that she was here at the time of the offence. Hence, you will need the ticket.

If you have all that information, it’s likely that it will simply be dropped because they will not apply to have her extradited back to the UK for the offence.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8975
Experience: I have been practising for 30 years.
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Customer: replied 6 months ago.
Ok would I'll collate that info. Thanks
Expert:  F E Smith replied 6 months ago.

What you need to do is fill the section 172 notice in, giving your mother-in-law’s details and giving the information which I suggested and in particular, most importantly, the travel ticket.

Can I clarify anything else for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

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