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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 814
Experience:  I am a solicitor with particular expertise in road traffic law.
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what is the time lapse between a motoring offence being committed

Customer Question

what is the time lapse between a motoring offence being committed and a n I p being issued
Submitted: 2 years ago.
Category: Traffic Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

A notice of intended prosecution can be given:



  • either orally or in writing at the time the offence was committed. Such a warning need not be specific but may refer to some one or other of the offences to which section 1 applies. Whether such a warning was given 'at the time' is a question of degree and the High Court will not interfere in a Magistrates' Court finding on the point if there is evidence to support that finding.

  • By serving the defendant with a summons within 14 days of the offence; or

  • By sending a notice within 14 days of the possibility of prosecution and specifying the nature of the alleged offence and the time and place where it is alleged to have been committed to the driver, registered keeper of the vehicle or rider of the cycle.

JACUSTOMER-qw0sjl4r- :

while driving a 7.5tnn lorry in London I got stuck in heavy traffic I ran out of driving time I stupidly removed my digi card I was pulled a couple of weeks later by vosa this all took place in march I received the n I p end of September with a final court date of 18/11/2014 is this acceptable or can I use it as part of my defencr

Customer:

Were you given a verbal warning of intent to prosecute by VOSA?

JACUSTOMER-qw0sjl4r- :

yes but told it would be with in two weeks

Customer:

If they told you that they were intending to prosecute at the time of the offence then the late service of the written notice probably won't give you a defence. If they don't have a record of doing so it might. There is no reason why you can't raise the issue ( ie that the NIP was served late) and hope they are unable to counter it.

Customer:

Are you sure that the document served on you in September was a NIP and not a court summons?

JACUSTOMER-qw0sjl4r- :

what he actually said was that a decision would be made and I would be notified with in the two weeks of that decision

Customer:

OK in that case if you have just received a NIP then you may well be argue that it is out of time. However, the prosecution could argue that you were given notice at the time and it would then be question for the magistrates to decide. This is not straightforward but you do have an argument that could well succeed.

JACUSTOMER-qw0sjl4r- :

does the fact he read me my rights as part of the interview make a difference

JACUSTOMER-qw0sjl4r- :

what is the likely outcome fine penalty points or other

Customer:

What interview?

JACUSTOMER-qw0sjl4r- :

when I was pulled the guy from vosa interviewed me in my cab

Customer:

Tell me what Act and Section the offence is under (it should be on the NIP or the court docs). I will get back to you later with the answer when I get back to my law books. Was that an interview under caution? (ie preceded by "you do not have to say anything etc etc")

JACUSTOMER-qw0sjl4r- :

section99ze1&4of transport act1968 yes it was under caution

Customer:

I think if there was an interview under caution for a criminal offence then you will find it very hard to argue that you weren't given notice of a possible prosecution esp bearing in mind that the caution contains the words "if you fail to mention now something which you later rely on at court."

JACUSTOMER-qw0sjl4r- :

any idea of the penalty I could be facing

Customer:

I will look this up in Wilkinsons when I get back this evening if that is OK with you.

JACUSTOMER-qw0sjl4r- :

yes fine thanks for your input

LondonlawyerJ and other Traffic Law Specialists are ready to help you
Expert:  LondonlawyerJ replied 2 years ago.
The sentence available under s 99(4) Transport Act 1968 is a fine on level 3
Expert:  LondonlawyerJ replied 2 years ago.
The sentence available under s 99(4) is a fine on level 3.