How Long Do They Have To Prosecute Me

Question:

I had a road accident on the 18th dec 2009. I hit a car due hitting some black ice , during the bad snow in december. I did not have any pen or paper on hand, so left the scene to go home and write my details down. When I returned to the scene the vehicle was not there. The police contacted me by post, the date on the letter was 19/02/2010. The letter was a requirement for name and address of driver. The offences were . 1 driving a mechanically propelled vehicle on a public road without due care and attention. 2.Failing to stop after an accident and exchange particulars/ 3.failing to report to police as soon as reasonably possible and within 24hours. My question is how long do the police have to Prosecute or start proceedings. I was told 2 months. As today is the 19th April 2010 which is 2 months, can they still charge me? Please let me know ASAP?

Dominic Says:

Yes they can I’m afraid. The information for the summons has to be laid at the magistrates court within 6 months of the date of the alleged offence so you have got a while to wait I’m afraid.

Have you got any points on your licence? You are at risk of 5-10 points for these matter.

You would have a defence to the due care and attention if we can show that the accident wasn’t your fault.

Come back to me if I can help further.



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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