http://www.motorlawanswers.co.uk Frequently Asked Questions on all aspects of Motor Offences and the Law Tue, 12 Jan 2010 18:47:31 +0000 http://backend.userland.com/rss092 en My name is spelt incorrectly on a Notice of Intended Prosecution. My name is Stephen and it is spelt Steven on the Notice. Is it valid? Can I ignore/reject it as being invalid? Can the Police still proceed with a prosecution? If you ignore the Notice of Intended Prosecution (NIP) the ... http://www.motorlawanswers.co.uk/my-name-is-spelt-incorrectly-on-a-notice-of-intended-prosecution-is-it-valid/ I was stopped by the Police and told that I would receive a Fixed Penalty for speeding. I have in fact now received a Court Summons. Why did I not get a Fixed Penalty? The option to resolve an offence by way of a Fixed Penalty Notice is at the discretion ... http://www.motorlawanswers.co.uk/police-said-id-get-a-fixed-penalty-for-speeding-why-have-i-now-received-a-court-summons/ I was caught speeding through a red traffic light. Do I now face 2 offences or can they be treated as one offence? You should not be prosecuted for both allegations. In all probability, you will receive a Fixed Penalty for the traffic light allegation and no action will be taken for ... http://www.motorlawanswers.co.uk/speeding-through-red-traffic-light-do-i-now-face-2-offences/ I have been caught speeding by a mobile unit parked at the bottom of a steep hill just in front of a speed limit sign. It seems to me that the Police are trying to ambush motorists at this location. Can I defend/contest the allegation on that basis? Whilst you may not ... http://www.motorlawanswers.co.uk/can-i-contest-a-speeding-offence-if-the-camera-van-was-parked-at-the-bottom-of-a-steep-hill/ When should I notify my insurance company of a motoring conviction? Can I wait until my current insurance policy is due for renewal? Your obligation is to advise your insurance company as soon as you are aware of a potential prosecution. If you are convicted, you should advise them immediately. Failure ... http://www.motorlawanswers.co.uk/when-should-i-notify-my-insurance-company-of-a-motoring-conviction/ I was caught speeding through road works. Will I receive penalty points for speeding in a temporary speed limit? Yes. On the basis that there is an Order in place for the speed limit, the effects and implications are the same, regardless of whether it is temporary or a permanent speed ... http://www.motorlawanswers.co.uk/will-i-receive-penalty-points-for-speeding-in-a-temporary-speed-limit/ I was caught by the Police driving without supervision on a provisional licence. What penalty do I face? The normal allegation would be driving "otherwise in accordance with your licene" (offence code LC20) which is punishable with 3-6 penalty points and a fine. However, this offence would also mean that any ... http://www.motorlawanswers.co.uk/i-was-caught-driving-on-a-provisional-driving-licence-what-penalty-do-i-face/ I have received a Fixed Penalty for a traffic light offence. If I had performed an emergency stop, it would have meant that the person behind me would have hit me. Do I have a case if I take this matter to Court? This is an "absolute offence" which means that ... http://www.motorlawanswers.co.uk/traffic-light-offence-do-i-have-a-case-if-an-emergency-stop-would-have-been-dangerous/ I think I've been flashed by a speed camera. How long do the Police have to contact me? How long do I have to wait to find out if I have committed an offence? If you are the registered keeper of the vehicle, you should receive a Notice of Intended Prosecution ... http://www.motorlawanswers.co.uk/i-think-ive-been-flashed-by-a-speed-camera-how-long-do-the-police-have-to-contact-me/ I was banned for 12 months for dangerous driving. Do I have to apply to the DVLA for a provisional licence? Your licence will have been revoked by this punishment.  As a result, you need to apply for a new driving licence.  As you were also ordered to re-take a driving ... http://www.motorlawanswers.co.uk/banned-for-12-months-for-dangerous-driving-do-i-have-apply-for-a-provisional-licence/ I have received a Notice of Inteded Prosecution for failing to comply with traffic light signal. Will requesting photographic evidence make a difference? It is always worth asking for the photographic evidence, particularly as to prove the offence, the Police will have to show that your vehicle crossed the line whilst ... http://www.motorlawanswers.co.uk/failing-to-comply-with-traffic-light-signal-will-requesting-photographic-evidence-make-a-difference/ I have been banned from driving in the UK, but my job is taking me into Europe am I am taking a driving test in my new country of residence. If I return home to visit during the term of my UK ban, will I be able to drive on my ... http://www.motorlawanswers.co.uk/banned-from-driving-in-the-uk-can-i-use-my-european-licence/ I was caught speeding by the Police and stopped at the time of the offence. Do the Police have to show me video evidence at the scene? If this is a requirement and was not carried out, can I overturn the prosecution? Although the ACPO Guidelines indicate that the Police should ... http://www.motorlawanswers.co.uk/police-show-video-evidence-scene-caught-speeding/ I have a provisional driving licence and whilst being supervised, I drove through a red traffic light. The car is registered under the supervisor's name and we were complying with "driving with provisional licence" regulations.  Who gets the penalty? Even though you are a provisional licence holder, you are expected to exercise ... http://www.motorlawanswers.co.uk/supervised-learner-driver-red-traffic-light-who-gets-penalty/ I recieved a Notice of Intended Prosecution in respect of my company car 14 days after the offence. As I've received the NIP outside the mandatory 14 day notification period, do I have to supply details of the driver? There is a great deal of confusion about time limits for ... http://www.motorlawanswers.co.uk/recieved-notice-intended-prosecution-nip-14-days-offence-company-car-supply-details/ I have held a full driving licence for a number of years, however I have just passed a motorbike test. Does the New Drivers Act apply to me? The New Drivers Act applies for the first 2 years following the issue of your first full UK driving licence. Subsequently passing further tests ... http://www.motorlawanswers.co.uk/subject-new-drivers-act-pass-motorbike-test/ I was stopped by the police on the motorway for speeding over 100 mph. I was given a producer and told I would receive a Court Summons in due course but it has now been over 2 months since the incident and I've not heard anything. Should I chase the ... http://www.motorlawanswers.co.uk/speeding-motorway-police-how-long-issue-court-summons/ I have received two Fixed Penalty Notices within days of each other.  Will I be able to accept the two conditional offers, send and receive my driving licence back in time to meet the time limits? You have 28 days in which to accept conditional offers. If they have been issued by the ... http://www.motorlawanswers.co.uk/two-fixed-penalty-notices-within-days-comply-time-limits/ I face a totting up ban and I have been given the option of pleading guilty by post so the case can be heard in my absence. I would prefer this option, especially as I'm likely to be banned and therefore do not want the expense of taking time off work, ... http://www.motorlawanswers.co.uk/totting-up-ban-plead-guilty-post/ I have received a Notice of Intended Prosecution for crossing a red traffic light. The NIP states that the time into red was only 1 second. The amber light was previously on for 2.9 seconds. Legally does the NIP apply if the red light was only illuminated for a second? ... http://www.motorlawanswers.co.uk/traffic-light-offence-red-light-illuminated-only-1-second-worth-appealing/