my husband was stopped in March whilst riding his Lambretta scooter. He is being charged for not having a valid driving licence (expired) and for doing 43 mph in a 30 mph zone. The police officers said that he would be sent out a fixed penalty notice within 28 days. However no notice was received, but on the 15th May he received a citation for the sheriff court. I would like to know if there is a reason that he didn't get a fixed penalty notice? Also what are the likely penalties for pleading guilty? Thank you
Province/Country relating to question : Scotland
nothing has been done as yet as my husband is away on business
Hi Thank you for your question.The issue of fixed penalties is entirely at the discretion of the Procurator Fiscal and they do not have to explain why one was not issued. The police officer was wrong to infer that one would be sent automatically. There is however nothing productive that can be done about it.If your husband is going to plead guilty the likely penalty would be a fine of around £150 for the no driving licence charge and three penalty points. The speeding charge will likely attract a lower fine of about £120 and another three points. The points would however be endorsed in cumulo, so only three points would count. This is because the offences are committed at the same time.
LLB (Hons), Dip LP, NP
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