SJPN 49 in a 40 M62 - but they think I was still disqualified?? After previous DUI offence

[Arlo]

I have received a single Justice Procedure notice relating to speeding on a mortorway 49mph apparently restricted to 40 mph

 

 the  date of the offence is 28/10/2021 the police statement is signed 11/03/2022 but only received today 13/04/2022.

 

What concerns me they have not issued the normal fixed penalty notice the offence is caught on camera - they acknowledge S172 was returned to the central ticket office,  Exceed variable speed limit - automatic camera  device M62 J19 - J20 - 

 

The issue and why they the police may have taken this route is PNC reports disqualified until 03/11/2022 - however at the time of the offence i had not been disqualified and further more the actual date is reduced 3 months because i have since completed a drink driving rehabilitation course

 

facts speeding yes - Driving while disqualified No, date of offence 28/10/2021, Single Justice Procedure Notice 11/03/2022 digital signature.

 

To conclude I would expect £100 fine but are the police pursuing this on a different path because of the DR10 and the subsequent ban

 

i reiterate at the time of this minor speeding offence i had not been banned

 

any guidance would be appreciated 

[Manxman in exile]

Are you only charged with speeding?  No mention of driving while disqualified?

 

You say you returned the s172 request naming yourself as the driver, but when did you send that off relative to 28 October 2021?  My understanding is that if you haven't named the driver within a certain time period of the alleged offence itself, you won't get offered a course.  That's because the police want to be sure you have time to book the course, take it and pass it before their 6 month deadline for charging the speeding offence passes.

 

So if - for example - the police get your driver nomination back only one or two months before the prosecution deadline, you won't be offered a course.

 

Why don't you try contacting the police to confirm whether the PNC actually does wrongly record the dates of your ban?  If it does and it's the reason you weren't offered a course you need to know.  If the police have got this wrong and you point it out to them, they might want to reconsider the prosecution to avoid embarrassment...  

 

If I were you and I thought the PNC had wrong details on it relating to my ban, I'd want to know.

[Man in the middle]

Whatever the reason for the delay, you will not be offered either a course (for which that speed would normally qualify) or a fixed penalty. Normally neither will be offered beyond four months from the date of the offence since insufficient time would remain to prosecute you if you decline the offer. (Court action has to begin within six months).

 

You need to find out why a FP was not offered. In normal circumstances a pending prosecution for a more serious offence should not influence that. When you have established that, and assuming it is down to some sort of administrative error, you can reply to your SJPN and in the "mitigation" section respectfully request that you are sentenced at the FP equivalent. Magistrates have guidance which suggests they should do this:

 

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."

 

Of course, if the delay was your fault (say because you delayed responding to the s172 request) that guidance would not be appropriate and you could expect to be sentenced in accordance with the normal guidelines (half a week's net income, reduced by a third for a guilty plea, a Victim Surcharge of 10% of the fine (minimum £34), £85 costs and three points).

4 hours ago, Manxman in exile said:

Are you only charged with speeding?  No mention of driving while disqualified?

Driving whilst disqualified would not be initiated via the SJ procedure.

[Arlo]

Thank you for the replies.

 

No delay in returning the S172  returned within 72 hours - not concerned about the course wont get offered one attended possibly three years back.

 

All that is stated re the drink driving is "disqualified until 3/11/2022 , however that is true but at the time of the incident ie Speeding that was 28/10/2021 so able to drivedid not attend court until 04/11/2022

 

I dont understand why no fixed penalty issued also states i have 21 days to reply to the SJPN but from when date of receipt which was 13/04/2022 , also i am mindful of the "time barred " six months.

 

So I propose to simply ring and say what date did you receive the S172 - why have you not issued a fixed penalty notice ,  i intend to do this 29/04/2022 at which point the offence is over six months and refer to assumed issued as a admin error the office is over six months and no fixed penalty noticed issued any comments would be appreciated

[Man in the middle]

They have six months from the date of the alleged offence to begin court proceedings. Those proceedings begin with a "written charge" (sent to the court) and a SJPN (sent to you). Since your SJPN was issued on 11th March, that is within six months of the offence.

 

There is no right to a fixed penalty. They are issued entirely at the discretion of the police (though they tend to stick to their guidelines). But whatever the reason for you not being offered one you will not be offered one now. You must be allowed 28 days to accept it (during which time no court proceedings can be taken) and this would take you beyond the 28th April, when prosecution would no longer be possible.

 

It would be useful to establish why no FP was offered so that you can mention it when responding to your SJPN (as I suggested in my earlier post). But you might as well do so asap as delaying beyond 28th April will provide no advantage. As well as that, if the SJPN was dated 11th March there is a possibility that it was delayed reaching you and your case may either have already been heard or about to be so. You could check on that too.

[aesmith]

On 14/04/2022 at 14:10, Arlo said:

All that is stated re the drink driving is "disqualified until 3/11/2022 , however that is true but at the time of the incident ie Speeding that was 28/10/2021 so able to drivedid not attend court until 04/11/2022

Just for clarity, should that have read 2021?  Meaning that after the alleged speeding offence on 28/10/2021, you we banned starting from 04/11/2021 for a separate matter.