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

[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.

[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.