Case dropped – Client fails to receive speeding notice

Posted by Tim Williamson on
Blake Morgan's Motoring Offences team advised Mr A who had been summoned to Southampton Magistrates Court accused of speeding and failing to provide driver details when required by the police. 

Mr A's case was that immediately after the alleged speeding offence he had left the country for work and had not returned for several months. 

He returned to the United Kingdom to find the Notice of Intended Prosecution / Section 172 request on his doormat, but was concerned because the 28 day time limit for replying had long since passed. 

He did not believe he could have been the driver of the vehicle at the time of the alleged speeding either.  The case was brought by the Crown Prosecution Service ("CPS").  Blake Morgan's Tim Williamson wrote to the  CPS prior to trial urging them to look again at this prosecution. 

Tim supplied documentary evidence to show the client was overseas and could not have replied within the 28 day period.  Tim also made the point that the CPS would be unlikely to prove the speeding charge because the whole point of the case was that the client had not provided details of who was driving.

The CPS reviewed the file and decided that there was insufficient evidence to provide a realistic prospect of conviction – so withdrew both charges. 

About the Author

Tim is a leading Criminal and Regulatory lawyer, who defends businesses and individuals under investigation by the police and regulatory bodies and when accused of criminal offences.

Tim Williamson
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