Convicted Of Failing To Stop And Report 4 years Ago

Question:

My conviction was in x 2006, 4 years ago, but I now believe I have grounds to have my conviction quashed.

The Notice of Intended Prosecution did not arrive within 14 days of the offence. Therefore, even if I wrote back, is this not invalid?

Secondly, the police charged me after 6 months from when the CPR signed off that there was enough evidence for me to be charged.

Thirdly, I was misrepresented to when speaking to the police beforehand. They told me to attend the police station to clear everything up and that I would not be in any trouble. This obviously made me not consider legal advice. I was subsequently cautioned and an officer questioned me away. Being young and naive at the time, I submitted to everything that the officer put to me and pleaded guilty at court, making no representations. This highlights the fact that I had merely given up and accepted what the police wanted.

I look forward to hearing from you.

Dominic Says:

There is no requirement for a NIP in relation to a fail to stop and report allegation.

You have a valid point regarding the laying of an information outside of the 6 month period.

I’m afraid that you have to appeal against conviction/sentence within 21 days of conviction. If the conviction was 4 years ago then you wont be able to appeal this matter. If you accepted a fixed penalty then you have no right of appeal.

If you were interviewed without being told about the right to free and independent advice then the contents of the interview could have been excluded.

This is all academic I’m afraid as it is now way too late to do anything about it.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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