Speeding: What you need to know!
Whilst ordinarily most people would never condone exceeding the speed limit, it may have happened to many of us at some point. You are driving along, maybe even thinking you are within the speed limit and ‘flash’, there it goes. You are in the fast lane of a dual carriageway; glance up to a bridge or to the hard shoulder and see the camera van with its chequered pattern.
All sorts of thoughts are likely to go through your head, some of which are perhaps not for a lawyers’ website, but the one thing to remember is the date.
Why? Because the laws states that the authorities must either warn you at the time of the offence of the possibility of prosecution (e.g. a policeman pulls you over and warns you that you may be reported for the offences) or you must be served with a court summons within 14 days of the offence (almost never happens) or, importantly, a notice of the possibility of prosecution (NIP) must have been sent to the driver or registered keeper of the vehicle within 14 days of the offence.
The thing to remember if caught by a speed camera or van is to count 14 days from the date of the offence and, if that dreaded NIP has not landed on your doormat, then you may be lucky. This can even be the case if there has been a postal strike or it is a particularly busy period such as Christmas. The authorities must have sent the NIP to you so that it would arrive by first class post within 14 days of the offence.
That said, unsurprisingly things are not always that simple in law. For example, where the registered keeper of a vehicle is a lease company then there are often multiple NIP’s, or when the prosecution can show evidence that the NIP was sent by first class post which should have arrived within the 14 day period then there is a presumption of service. We suggest taking advice on the particular circumstances of your case.
If you receive a notice after the 14 day period it is very important to seek advice as you may be one of the lucky ones. Please do not think that because a notice has been received it is necessarily valid. We often see notices that are weeks late but if you do not know this then you cannot challenge it and, whilst a conviction from an invalid NIP cannot follow, it is likely to go completely unnoticed. For some, it might mean the difference between nine points or a disqualification for six months!
Our Road Traffic Team at Birketts is extremely experienced in this area and can often give quick value for money advice or full representation if needed; which in the bigger scheme of things could lead to huge benefits for the road user.
For further advice on this or any other road traffic matter please contact Laura Thomas on 01473 299173 or laura-thomas@birketts.co.uk.
The content of this article is for general information only. As always, specific professional advice should be taken on each individual matter.© Birketts LLP 2010. Solicitors regulated by the Solicitors Regulation Authority