Without Due Care & Attention – 6 Months To Prosecute


I was involved in an accident, I overtook a vehicle while it was clear, a car came round the corner and we clipped wing mirrors. I did not stop because the vehicle I over took did not stop, so I assumed the car I hit carried on going.

This was on 15th October, x. I received a court summons today for 8th April, x. I have been told that the police cannot prosecute if it is over 6 months ago. Could you clarify this for me?

Emma Says:

If the alleged offence happened in Oct x then the prosecution had until April to issue the summons. It doesn’t matter when the first hearing date is, the summons has to be issued within 6 months but the proceedings do not have to be concluded within 6 month I’m afraid.

You are facing 5-10 points for these offences.

I can help you. I may be able to get you on the driver improvement course as an alternative to points and court fines. Have you seen the witness statements yet? Did they come with the court summons? Do they suggest that you were driving aggressively?

Come back to me if you would like further help.

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