Speeding

[Andy Peaty]

I was caught doing 76 in a 50, I got the NIP through, filled it out sent it back within the 2 wekks. I am led to understand that 26 over the speed limit it automaticaly goes to court! I was caught April 2005 and as yet nothing but the NIP. how long can they make me suffer waiting to go to court. it is now 1 year 3 months later. Andy

[thebhoy]

think u r on the border line coz it happened to me last year just got 3 points and fine was all i got

[Grunty]

Any action is barred if it is not started within 6 months of the offence. If action had been started in time, you would have been summonsed to appear in court for that speed.

[JudgeJ]

Grunty is quite right - this matter is now "time expired" and you can challenge any proceedings which are now brought on that basis.

You are also lucky. In a 50mph limit 75mph is the upper limit for a fixed penalty to be applied. If you had been summonsed the magistrates' sentencing guidelines recommened 6 penalty points or a disqualification of up to 56 days.

[Grunty]

This brings up a further problem. I was quoting from the guidelines issued by the Association of Chief Police Officers, which advises a summons at 79 and over. JudgeJ was presumably quoting from guidelines issued to magistrates. Wouldn't it help if they agreed with each other?

[Grunty]

sorry, forget my last reply. I was confusing two questions on the same subject. The ACPO guidelines are a summons at 76 and over, the same as quoted by JudgeJ.