(2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. The main exception is if there is an accident. It is for the accused to prove that he did not receive a warning (or the correct warning). There are a number of reasons why you may not have been issued a notice in the post within 14 days. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. 2023 Continuing Professional Training - Ohio Attorney General We use cookies to help improve your experience and our services. collisions and incidents Your Enquiry Details: (required) It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. Its important to check your records for any penalty points on your driving licence. Please help. Get the right support and representation at the earliest opportunity! For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. Moreover you can only be successfully prosecuted if you are warned for the correct offence. WebThe first indication a vehicle has been involved in a road traffic offence is the receipt by the registered keeper of a Notice of Intended Prosecution (NIP), combined with a requirement to provide details of the driver. 2023 Notice of Intended Prosecution.org, Schedule 1 of the Road Traffic (Offenders) Act 1988, Careless Driving (Road Traffic Act 1988, section 3), Dangerous Driving (Road Traffic Act 1988, section 2), Speeding (various sections of the Road Traffic Regulation Act 1984), Failing to comply with traffic signs (Road Traffic Act 1988, section 36), Drink Driving (Road Traffic Act 1988, section 5), Failure to Provide a Sample (Road Traffic Act 1988, section 7), Causing death by dangerous or careless driving (Road Traffic Act 1988, sections 1 and 2B), Using a vehicle in a dangerous condition (Road Traffic Act 1988, section 40A), Driving while using a mobile phone (Road Traffic Act 1988, section 41D). If, however, you are the registered keeper and you receive a written Section 1 warning after 14 days have elapsed then the prosecution against you may be fatally flawed. The Police are not under a duty to send reminders. Notice of Intended Prosecution The police sometimes do not always use the words speeding or careless driving or dangerous driving. I suspect it is a scam. The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. he or she has insurance to drive the vehicle at the time of the offence. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court.
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