Frequently asked questions for motoring offences
I have been flashed by a camera; does that mean I have committed an offence?
When proceeding through speed checks if you feel you may have been detected exceeding the speed limit there is no way to find out whether or not that is the case, until you receive a notice of intended prosecution.
A notice of intended prosecution has to be served to the registered owner of the vehicles address within 14 days of the alleged offence being committed.
If you have not received a notice of intended prosecution within 14 days then it is unlikely that you will be prosecuted for this matter.
The notice of intended prosecution will be sent to the address of the registered owner of the vehicle. If this is the company vehicle then it will usually be sent to the leasing company, then to the company and then to an individual.
The 14 days starts running from the date of the offence and as long as the notice of intended prosecution is sent to the registered owner within 14 days, that will mean that a prosecution can be pursued even though the driver may not receive a notice intended prosecution within those 14 days.
I have received a notice of intended prosecution which I believe is outside of the 14 days, what should I do?
You should contact our specialist traffic lawyers as a matter of urgency. We find many cases where the prosecution is still being pursued even though it is outside the statutory time limits. By evaluating the documentation you have received and contacting the agency directly, we can often avoid Court proceedings and the imposition of any penalty points on a licence.
I have returned the notice of intended prosecution what will happen next?
If you are to be prosecuted for an alleged traffic offence you will receive a fixed penalty notice through the post.
This can come within 6 months after the commission of the offence. This notice will offer you an opportunity to take a fixed penalty or contest the matter and go to Court.
If you wish to contest the matter then you should contact a solicitor as a matter of urgency so that you can be advised of your prospects of success and the technical legal matters that need to be discussed in relation to these matters.
I wish to accept a fixed penalty; however I already have penalty points on my licence.
If you are accepting a fixed penalty, and add penalty points to your licence which amount to 12 or more, effectively you will not be able to accept the fixed penalty.By returning the information and accepting the fixed penalty you will be summoned to Court and effectively have to argue to keep your licence on specific legal grounds, such as exceptional hardship.
It is in our experience that exceptional hardship arguments are successful if prepared properly, obtaining all the relevant information.
We at Hunt & Coombs Solicitors have extensive experience in preparing exceptional hardship arguments and would be willing to assist you.
Can I still drive if I have more than 12 penalty points?
Once a person reaches 12 penalty points they will have to go to Court to argue whether or not they keep their licence.
If you have more than one traffic offence pending it is in your interest to have all matters brought together and dealt with on one occasion. We have experience in representing persons who have been allowed to drive with over 21 penalty points on their licence.
An argument to keep your licence after accruing 12 penalty points can only be used once in any three year period. Therefore it is imperative that you have all pending traffic matters dealt with on one occasion, otherwise you may be excluded from using the same argument again.
If you are due to go before the Court and you feel there is a risk of you acquiring 12 or more penalty points please contact us as soon as possible in order for us to prepare your case and assist you in keeping your licence.
To find out how we can help you please complete our online enquiry form or call 01733 882800 and ask for Andrew Cave or follow the link below.