News | Legal News

06 February 2020

Have you received a notice of intended prosecution? Here is what happens next.

A recent study has found that over 1,000 people are caught speeding daily, which means that there is a speeding violation every 75 seconds.

You will receive a notice of intended prosecution (NIP) if there has been an allegation of speeding and you are either the registered keeper or have been nominated as being the driver at the time of the alleged offence. The NIP must be served on the registered keeper within 14 days of the alleged speeding offence.

There is a legal obligation to return the form within 28 days of receipt of the notice. Failure to do so could lead to a further offence being committed of failure to furnish driver information which can result in 6 penalty points and a financial penalty.

Once the form has been returned the prosecution have three options: they can offer a speed awareness course, offer a conditional fixed penalty or refer the case to Court.

It is important to obtain legal advice if you have received a NIP and believe the information to be incorrect or received more than 14 days after the speeding allegation. If you already have 9 points on your licence and conviction of the new speeding offence would make you a ‘totter’ (12 points or more) – which could lead you to be disqualified for a minimum period of 6 months - then contact our motoring team to discuss whether you might be able to use an exceptional hardship application in Court.

Should you have any questions in relation to NIP or any driving matters please contact James Constable in our criminal team on 01753 279039 or email james.constable@bpcollins.co.uk

James Constable

James Constable

Tel: 01753 279039 | 07341 566327

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