How To Handle A Notice Of Intended Prosecution For A Motoring Offence

If a law enforcement officer stops a person for devoting a motoring offence, they will often alert the person at that time of their intention to prosecute, or a minimum of they need to for a lot of offences! However, for certain offences that have been caught on electronic camera or seen after the reality, such as speeding (caught on cam), driving through a traffic signal (once again caught on electronic camera), etc., the cops are forced to alert the believed person, of their desired prosecution, by other means. This typically takes the form of a ‘notice of designated prosecution’ (NIP for short), normally provided by first class post to the address of the registered keeper of the automobile. If you’ve received such a notice, it is essential to understand what your choices are and exactly what treatments you must follow in order to comply with the law.

The first step you need to take is to figure out whether your NIP remains in reality valid. By law, the police should send out a NIP to the address of the registered keeper within 2 Week of the supposed offence. If the NIP is sent out outside of this 2 Week, then the prosecution is void and the case can go no even more. In figuring out whether your NIP is invalid, you must check the issue date on the notification versus the date of the alleged offence. It is this date, rather than the date on which you received the letter, that is very important. It’s also essential to note that the police only have to show that they sent the letter, not that you got it!

You may discover that your NIP includes incorrect details about the automobile that was being driven or the particular nature of the offence. This does not mean that the notification is invalid and, as long as you can identify the occurrence in question from the information provided, then you will still be bound to reply to the NIP. If, nevertheless, you are not able to determine the supposed offence from an incorrect NIP, you ought to return the notification requesting for clarification. If your NIP does consist of significant mistakes, it might deserve taking the advice of a barrister or solicitor speeding specialist about whether it can be challenged.

If the NIP stands, you will need to reply within 28 days or deal with the possibility of a more prosecution for keeping inquired. Your reply should identify the driver at the time of the offense. If this was you, then this need to be mentioned and need to not be kept. However, if you can not make sure who was driving at the time of the offence, due to (perhaps) the vehicle being driven by several individuals on the day in question, however you would be wise to rapidly look for legal guidance from a lawyer or barrister speeding specialist.

Such circumstances are complex from a legal viewpoint, so you may wish to take the recommendations of a barrister or solicitor with know-how in motoring offenses. They can offer detailed guidance on the suitable course of action and assist you to handle the prosecution in as effective a method as possible.

Jonathan Wilkins, #1 Motoring Solicitors, is a knowledgeable car attorney specialising in safeguarding motorists against charges such as speeding tickets and drink driving. If you have actually been served with a Notification of Intended Prosecution (NIP) and have no idea what actions to take, he can guide you through this intricate location of car law.