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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2231
Experience:  Partner in national law firm with 25 years legal experience
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I have been charged with excess speed doing 81mph on the A34

Customer Question

I have been charged with excess speed doing 81mph on the A34 at Winchester where the speed limit changes from 70-60-50 in quick succession by a mobile speed camera. This was on the 27/11/2012 and l have been summoned to appear in court on the 16/9/2013. Can you advise me is there a time limit that l can be summoned for this offence. If so must l appear in court or can l just plead guilty by letter and not attend.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXX XXX I'm happy to help with your question today.

The police should have sent you a notice to identify the driver. Did you complete that form? Did you admit being the driver?

Do you have any points on your licence?
Customer: replied 1 year ago.
Hi Alex , Yes the police sent me notice to identify driver, which l completed and returned within the time period requested.Also l have three points which date from the 28/06/2010 so should come off on the 28/06/2013.
Expert:  Alex Hughes replied 1 year ago.
Thanks.

Just to clarify - are they saying you were doing 81 mph in a 70 mph zone or a 50 mph zone?
Customer: replied 1 year ago.
Hi Alex , l have been charged with doing 81mph in a 50mph along with l expect every motorist on that day.
Customer: replied 1 year ago.
Hi Alex , l have been charged with doing 81mph in a 50mph along with l expect every motorist on that day. The A34 is a road that links the M40-M4-M3 without traffic lights or roundabouts.
Expert:  Alex Hughes replied 1 year ago.
Thanks.

The police have 6 months from the date of the offence to LODGE an information with the Magistrates Court. A summons is generated thereafter.

You will need to check the summons to see which date the information was LODGED (this is different to the date of issue).

If the information was lodged outside six months i.e. after 27 May 2013, then the police are time barred and you will be able to able to have the matter dismissed.

If the information was lodged within 6 months but the summons was issued after 27 May, they will be able to proceed with the case against you.

In short the important date is the date the information was lodged with the Court.

The 3 points on your licence will count as the current offence was committed within 3 years of the old speeding offence.

For the current offence, if you plead guilty or are found guilty after a trial, the Court has the power to endorse your licence with 6 penalty points (taking you up to 9 points) OR they could disqualify for 7 – 56 days if they think the driving was particularly bad. In addition there would be a fine to pay.

Generally for speeding offences you can indicate a guilty plea by post. They will deal with the matter in your absence (remember to send both parts of your licence plus plea form and financial statement) and notify you of the result a couple of weeks later.

The Court will only ask you to attend if they are thinking of disqualifying you from driving. This is to give you an opportunity to give reasons why you should not be disqualified.

I hope this helps.

Alex
Expert:  Alex Hughes replied 1 year ago.
Please remember to take a moment to rate my answer.

Thank you.

Alex

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