“Ria - Many thanks to yourself, Emma and the team for your guidance and support through the duration of my case. The end result was much better than anticipated and is a huge weight off my shoulders; just in time for Christmas! Your help and advice throughout has been both supportive and informative; especially considering the complications added by the prosecution, who seemed to constantly change their minds! The dropping of the dangerous driving allegation was good news, however the final result of 6 points for due care and attention against a possible 9 points and disqualification period was purely down to your representations and has saved my licence and also my employment. I feel this is a fair result for an error of judgement on my behalf and hope to not be in a similar situation again. Once again many thanks.”
Dangerous Driving | Reckless Driving | Caught Dangerous Driving
Late notice of intended prosecution
Notice of intended prosecution received more than 14 days after the alleged offence?
Read this before you reply .......
The police have to make sure that the Notice of intended prosecution is served within 14 days of the date of the alleged offence.The police are not very adaptable and tend to miss the deadline if there is adverse weather or postal strikes. They always tend to send the NIP by first class post..
If you point out the delay they will often respond by saying that the NIP was sent out with suffiucient time for it to be delivered within the 14 days allowed. This is old law. There is a rebutable preseumption of service if it is sent with sufficient time for it to be deliever but you only have to cast a doubt that it was delievered within the days days to win the argument.
There are exceptions to the rule if you have moved recently and not updated your address at the DVLA or if you have only just bought the car, so don't be too quick to reach the conclusiuon that you have a defence.
If the police have no excuse for the late NIP you may have a defence to the speeding allegation and we can help you.
You still have to name the driver but you can then reject the ticket on the basis that the police have failed to comply with s.1 RTOA 1988.
Email us for expert advice on your case before doing this!
At this stage we might be able to persuade the police to take no further action.
Patterson Law.
Fighting your corner to keep you driving. Contact us for a free advice call.Its a reliable indication of how good you are as a defence lawyer when the Police Federation ask you for advice !
"Thank you for all your help. After our conversation I wrote out a plan, for the officer, for court. He printed it off and used it when addressing the bench. This included the legal points, his position and that of CPS. In short it worked and he was found not guilty."
John Grant
Chairman - Thames Valley Police Federation
Instructed 4pm yesterday! Succesfully won trial today at 2pm....!
Patterson Law Lawyer Ria Pleass strikes again on behalf of motorist at risk of a ban...read on..