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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2329
Experience:  Partner in national law firm with 25 years legal experience
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Hi. I got a notice of intended prosecution in the post on 30/07/13

Resolved Question:

Hi. I got a notice of intended prosecution in the post on 30/07/13 for alleged speeding offence on 19/07/13 doing 52mph in a 30mph zone. i have no idea what sort of device i was caught on. i sent my response as the driver of the vehicle and i still await any form of communication from them since. I presume this suggests it will go to court rather than a fixed penalty notice? I understand they have 6 months from date of offence to take me to court. Is it worth me asking for info on the equipment, photo evidence, calibration evidence etc etc prior to the court case?
Submitted: 10 months ago.
Category: UK Traffic Law
Expert:  Alex Hughes replied 10 months ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Do you have any points on your licence at the moment?
Customer: replied 10 months ago.


HI. No i have no points on my license currently

Expert:  Alex Hughes replied 10 months ago.
Thanks for the additional information.

According to the Magistrates Court Sentencing Guidelines the penalty for travelling at 52 mph in a 30 mph zone is 4 - 6 penalty points plus a fine.

Thus, you would not be eligible for a fixed penalty or indeed the driver awareness course.

The police have six months to lay an information to start a prosecution. The deadline expires on 19/01/2014. Once the information has been laid it usually takes 7 - 14 days for the summons to be sent out.

You can certainly ask for the information you've identified in your question but there is no legal obligation on the police to supply any evidence until a prosecution has commenced. Personally I would not poke them into an activity in the hope that they miss the deadline - which does happen in rare cases.

Alex
Customer: replied 10 months ago.


Sorry for delay in reply. Thanks for your help so far. Do i get the impression that i am basically best just sitting back and waiting for the summons and hoping they forget. If they dont forget, if i ask for the information i was suggesting, might this lead to them dropping the case or should i just plead guilty and go along with it all?

Expert:  Alex Hughes replied 10 months ago.
Hi

I think you should wait and see what happens.

You are not eligible for the fixed penalty so a summons is likely to be the next step.

If that happens you are entitled to see the evidence and ask the Crown to disclose an material which might assist your defence.

So, if you are sent a summons then you can, by all means, request disclosure of the material that you've highlighted.

Whether or not this material will help you to get the case dismissed is an impossible question at the moment I'm afraid. It really does depend on the strength of the evidence when served.

Alex
Alex Hughes, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2329
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and other UK Traffic Law Specialists are ready to help you

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