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Penalty Points
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Was detected for speeding in September 2022 - driving license was sent to DVLA 2 week prior to this - but still not returned to get endorsement due to medical condition declared and is still with the Occupational health service for an answer.
How long is the detection valid for?
Have been told after 6 months it can not be legally enforced but can be sent to court for prosecution instead, but not after 6 months from date of detection.
How long is the detection valid for?
Have been told after 6 months it can not be legally enforced but can be sent to court for prosecution instead, but not after 6 months from date of detection.
Answers
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//...different over here in ni that the courts only deal with higher speed infringements.//
It's the same in GB. The vast majority of speeding offences are dealt with either by way of a course (not available in NI, I believe) or a fixed penalty.
Not sure if there are any differences between GB and NI but in GB here's what would happen in your circumstances:
When a driver is offered a fixed penalty for speeding it is conditional upon him paying the financial penalty (£100) and submitting his licence. If he pays the penalty but does not submit his licence (for any reason) his £100 will be returned and a prosecution through the courts will be launched. The police have six months from the date of the offence to do this.
When his court case is heard the driver can request that he is sentenced at the Fixed Penalty level instead of being dealt with under the normal sentencing guidelines (which will be more expensive). Magistrates have guidance which suggests they should do this:
"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."
It's the same in GB. The vast majority of speeding offences are dealt with either by way of a course (not available in NI, I believe) or a fixed penalty.
Not sure if there are any differences between GB and NI but in GB here's what would happen in your circumstances:
When a driver is offered a fixed penalty for speeding it is conditional upon him paying the financial penalty (£100) and submitting his licence. If he pays the penalty but does not submit his licence (for any reason) his £100 will be returned and a prosecution through the courts will be launched. The police have six months from the date of the offence to do this.
When his court case is heard the driver can request that he is sentenced at the Fixed Penalty level instead of being dealt with under the normal sentencing guidelines (which will be more expensive). Magistrates have guidance which suggests they should do this:
"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."
Did offer to pay the fine and send the licence in when i get it back - but they said no, the system doesn't work like that. After a period of time they send a file to the pps and then they deal with it.
Courses are available in N.I. used it up already :o)
The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances." - what does this mean?
Courses are available in N.I. used it up already :o)
The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances." - what does this mean?
//The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances." - what does this mean?//
What it means is that since it is not your fault that you cannot comply with the terms of the Fixed Penalty Offer (i.e. you cannot submit your licence through no fault of your own) you should not suffer a harsher penalty. The penalty in court (assuming NI courts use the same or similar guidelines to those in England & Wales) would be an income related fine, a victim surcharge of 40% of the fine and around £85 prosecution costs. Even for a minor infringement it costs most people a minimum of £300 or so when dealt with in court. The Sentencing Guidelines accept that there will be people in your position and makes an accommodation for them so they do not lose out.
What it means is that since it is not your fault that you cannot comply with the terms of the Fixed Penalty Offer (i.e. you cannot submit your licence through no fault of your own) you should not suffer a harsher penalty. The penalty in court (assuming NI courts use the same or similar guidelines to those in England & Wales) would be an income related fine, a victim surcharge of 40% of the fine and around £85 prosecution costs. Even for a minor infringement it costs most people a minimum of £300 or so when dealt with in court. The Sentencing Guidelines accept that there will be people in your position and makes an accommodation for them so they do not lose out.
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