The most common instance where Notice is served is an NIP for speeding. There is an NIP time limit that applies of 14 days from the offence. However, how this is calculated will depend on how the notice is given. Don't wait until it's too late. Call Motor Defence Solicitors now, on 0800 2800 912, for a fixed fee consultation with a specialist solicitor.
A summons, for offences such as speeding, careless driving, drink driving etc...is issued in the Magistrates' Court, although the case may then be transferred to the Crown Court.
Your driving fell below that expected of a competent driver or driving a vehicle on a road or in any public place dangerously or in a dangerous condition
Being in charge of a vehicle when unfit due to drink or drugs
Where an individual deliberately withholds or provides misleading information
Systems used in the UK are generally type approved and require regular calibration. You are likely to come across the following types: Cameras, Laser, Radar, Stopwatch, Video. Some of the more common devices used include the Gatso, LTI2020, Vascar, Truevelo. For more detailed information on the individual devices, please click here
You are in an ever shrinking group of drivers. Keep the first penalty points off your driving licence
If you got your full driving licence less than 2 years ago you are on the verge of revocation and re-test. Insurance premiums start to rise.
One more slip and your driving licence is gone. You could face a 6 month driving disqualification
You are looking at a 6 month driving ban unless you come up with a convincing argument at Court.
The Police can stop you by the road if they suspect an offence has occured. You will usually be given a Fixed Penalty Notice (NIP), HORT1 Producer or depending on the offence, be arrested and taken to a Police Station. Typical offences within this scenario include:
'Exceptional Hardship' is a specific legal term to take into account the fact that the punishment may not fit the crime. It therefore allows the Court to consider your overall circumstances and the effect the punishment may have on others when considering the appropriate punishment.
The exceptional hardship provisions only apply where you are facing disqualification as a totter (i.e you accumulate 12 or more 'relevant' penalty points on your licence). Where totting applies the Court must impose a minimum mandatory period of six months disqualification, unless it can be satisfied on the balance of probabilities that exceptional hardship would follow. If exceptional hardship is shown then the Court can disregard it, reduce any disqualification or choose not to disqualify at all.
Where exceptional hardship is to be argued it is important that proper evidence is put before the Court and we recommend you seek legal advice as soon as possible. It can be very easy to have the information sufficient to argue exceptional hardship but not know how to put it to the Court to get the desired result.
The hardship can generally be broken down into financial and emotional hardship. The Court can consider the hardship that will apply to both you and others (such as employees, your family or relatives you help care for). Where exceptional hardship is found the same reasons cannot be used again within 3 years, so it can be just as important to have a record of why it was found that exceptional hardship applied as the fact that the Court decided to reduce sentence as a result of this.
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Legal matters are not simple. For help, call the experts at Motor Defence Solicitors on 0800 2800 912