More Than 6 Months

Question:

I was caught by the speed camera on the M6 in April 2009, doing 60 on a 50mph temporary speed limit. As I was already carrying 9 points on my driving licence, when I received the Notice of Intention to Prosecution in July 2009, I knew the offence may lead to 3 more points and potential driving ban.

I therefore opted for the case to be summoned in court. I have been waiting for over 9 months and yet have not received anything from either the police or court about the hearing. Does that mean the police no longer had the intention to prosecute me as they have exceeded the time limit of 6 months to take proceedings?

Graham Says:

The fact that you have not heard anything maybe a good sign. However it could be that the summons has been issued to the wrong address. Have you moved since you were stopped by the police? If so they may have convicted you in your absence and issued a warrant for your arrest without you knowing about it.

If they haven’t issued a summons yet you are in the clear because they can only issue the summons within 6 months of the date of the alleged offence.

If I were you I would call the DVLA and check if they have been told that you have been convicted of an offence in your absence. If you have they will be able to tell you the court details and we can apply for the case to be reopened.

Don’t bury you head in the sand over this one. Be proactive and make some enquiries. If they haven’t issued a summons it’s too late for them to do so, so you are not going to be alerting them into taking action.

Keep me informed.