The authorities can require this information at any time and failure to respond is likely to result in prosecution. Technically no one else requires After all, responding to a notice isnt an admission of guilt. Ensure that the notice contains your correct name, address and date of birth. That is probably when the worry sets in. A motorist caught on speed camera should receive a written warning, for example. Notice of Intended Prosecution: The Complete Guide [2023] In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Yes, subject to certain exceptions. WebA Notice of Intended Prosecution (NIP), also known as a Section 1 warning, is a warning issued under Section 1 of the Road Traffic (Offenders) Act 1988. First the registered keeper will be identified. This is perfectly competent but it can also create confusion. IG @bettercallsolve. If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. That person should then identify you as the driver. On the 21 January 2011 I have received a notice of intended prosecution for speeding at 87 mph in a 70 mph zone on the 17 December 2010, I have been offered a fixed penalty of 60 and 3 points on the read more We have found that the written warnings received by drivers caught on speed camera (i.e. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. Webnotice of intended prosecution is issued to every motorist if there are allegations of speeding. Indeed many of our cases have essentially boiled down to legal arguments as to whether an accident has occurred or not. They do not, however, require to do both. In those circumstances a verbal warning will not suffice. You can be convicted of careless driving. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. Finally the driver will then be sent their own Notice. It is important to note that there are exceptions to this rule. Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. Please note, the purpose of the photographic evidence is not to identify you as the driver. States also receive higher Federal matching rates for certain administrative activities such as systems improvements, redesign, or operations. For examaple the police may charge you with speeding but warn you that you could be prosecuted for careless or dangerous driving. What is the Personal Injury Claims Time Limit? by Alex Ashcroft | Sep 8 2021 | Criminal Defence. Do I need to reply/can I challenge it? However, that is not the case. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following: 1. Speeding penalties - GOV.UK But where the notice is not received at all, the only way to prove this may be to give evidence in court. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. The requirement to warn of prosecution does not apply if there was an accident. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. The Bedfordshire Police Force explains that a fine and points on your driving licence are mandatory for exceeding the speed limit or contravening a red light. The second is where the police have receive a report from a member of the public of a relevant offence or the police have witnessed an incident but not warned the driver at the time.