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 Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
Type Your Law Question Here...
Alice H is online now

I have a notice of intended prosecution (offence date

This answer was rated:

Hi - I have a notice of intended prosecution (offence date 23/6/15 and notice date 1/7/15) for doing 35 in a 30.
I went on a driver awareness course on 12/7/2011 and then following an accident, I went on a driver alertness course on 18/7/12 (the accident was on 22/5/12). Will the fact that this alertness course (and closing letter) occurred less than 3 years before the latest offence, stop me from being offered a driver awareness course now. Im a little concerned that my understanding of which dates are used, might be overly positive - in terms of which dates the police use to suit their purpose (i.e. the latest offence date and the previous course date/closing letter dat - as opposed to it all being offence dates...
In relation to the driver alertness course, I have a letter from TVP dated 27/7/12 stating 'I must advise you that if you are involved in a similar incident or accident within the next 3 years, we will give serious consideration to placing you before a court.' My question he is: is a notice of intended prosecution for speeding classed as similar incident (and if so, is it 3 years from incident/accident to the next offence 3 years from the course, or the letter to the date of the current offence?)
Or are driver alertness courses and driver awareness courses unaffected by each other? (and therefore given that I went on the last driver awareness course in 2011 - I will be offered one now?)
I also have 9 points - is this a factor that would also prevent me from being offered a driver awareness course now?
My name is ***** ***** I am happy to help you today.
What are your 9 points for?
Customer: replied 2 years ago.

Hi 2 - SP30's

And were those offences, for which you got 9 points, within the last 3 years?
Customer: replied 2 years ago.

yes, I got 3 points for an offence on 25/3/13 and 6 points for an offence on 29/12/13.

There is a presumption in favour of prosecution when there is a history of speeding offences and the alleged offender already has penalty points imposed during in the preceding 3 years.
So, whilst the police have a little discretion in these matters, there is a real chance of a prosecution for the new offence.
If you haven't already done so you should return the NIP with the details of the driver to avoid getting 6 points for failing to respond.
Happy to discuss further if needed.
Alice H and other Law Specialists are ready to help you