I have received a Notice if Intended Prosecution. What shall I do?
You must answer this notice to confirm the identity of the driver concerned. Delaying your response or not answering is likely to result in you being prosecuted for the motoring offence and for not giving police the information requested. If you’re not sure how to answer the form then contact us.
If you are not sure who was driving at the time then you should contact us to help you answer the form properly to try and avoid you being prosecuted for someone else’s mistake.
We can advise you on the best way to answer these questions.
We can also help with what might then follow – a Court summons for a motoring offence or an offer of a fixed penalty or a driver improvement course.
What is a fixed penalty ticket?
If this is a straightforward motoring matter and it isn’t too serious then you may be offered a fixed penalty ticket. This is a financial penalty and the endorsement of your licence with three penalty points. Our lawyers will advise you on your options.
There are times when we can ask the Police to review whether you should have been prosecuted at all. Sometimes we can ask the Police to consider sending you on a driver improvement course as an alternative to prosecution. Although you would have to pay for the course you would not suffer the endorsement of your licence.
I already have points on my licence. Will I lose my licence?
We will be able to advise you whether your points are spent by looking at the date of the new offence and the dates of any points on your licence. This isn’t as straightforward as you may think as the penalty points that count are all those occurring within three years of the new offence.
If you are a New Driver – that is you have passed your test within the last two years – you may also have your licence revoked by the DVLA if you get 6 penalty points on you licence – talk to us about this to find out where you stand. It may be too late when you send off your licence to be endorsed or hear from the Court you are to be banned or have your licence revoked. Please don’t leave it to luck.
When you have 9 current points on your licence you can expect not to be offered a fixed penalty ticket and to be summoned to Court. We can represent you in court, defend your case and argue any special circumstances to help keep your licence.
If we are going to fight for your licence then it is best that we speak to you when you know you are likely to go to Court and at the latest when you get a summons so we can begin preparing for Court.
Why have I been offered a driver improvement course?
You may be offered a driver improvement course instead of being prosecuted or given a fixed penalty ticket for speeding or other motoring offences such as careless driving. It would be wise to discuss this with us before making a decision.
What happens if I am caught speeding 30mph over the speed limit?
If you are travelling up to 30 mph over the speed limit then the Court can impose a range of points from 3 to 6. When you start getting close to 30mph above the speed limit or more the Court will always consider whether to disqualify you.
If you are a new driver or you already have 6 points on your licence you may lose your licence. Depending on your circumstances we can make a case for lesser points, or where you are at risk of a disqualification, grounds why you should not be disqualified.
