Driving Without Due care and attention

[yohanson]

Last September i had a minor collison in my car, the police were called and i gave them my details etc. One week ago a summons letter came through my door saying i have to go to court in 2weeks, this is my first offence and have been driving for 18 months nearly. I am terrified of loosing my licence. No one was injured just a case of whiplash which was sorted on my insurance.

Could anyone help as to what will happen to me ?/ Also why it took so long to get processed etc.

[Ethel]

Be assured that your case has not taken 'a long' time to process - it's about standard.

The penalty is between 3 and 9 points and usually a financial penalty.

So if you are given 6 or more points, you will be reverted to learner status.

Whiplash is an injury, by the way, so somebody was injured..

Did you run in to the back of the car in front?

Fingers crossed for a three point penalty.

[yohanson]

I meant a minor injury and it was the front/side of the car

Im keeping my fingers crossed to beacuse i need the car for work, as i work away a lot sometimes

[New Judge]

You are unlikely to receive six or more points for this offence where just a minor collision was concerned.

If you do receive six or more points there is no right of appeal against the revocation of your full licence. It is done administratively by the DVLA as soon as they hear from the court about your points.

However, there is a more important point. For �summary� offences (and most motoring offences, including this one, are summary) there is a strict time limit of six months from the date of the alleged offence for the prosecution to begin.

If the incident took place in September the prosecution have until the same date in March to start proceedings. Your summons was not received until mid-April and the case is not listed until May. You need to check this out with a view to having the matter dismissed as being out of time.

[yohanson]

Thank you . I thought it was out of time but i got the letter in april and is said they satrted proceedins in december 2007 but i was only notified in april would i still have a case against it being a long time.

[Ethel]

The police have to serve a summons on the defendant within 6 months of the date on which the prosecutor (normally the CPS) certify that they have collated enough evidence to bring a charge.
This does not mean that the police have 6 months from the date of the offence to charge the accused.
My advice to anyone who has received a summons more than 6 months after the alleged offence is to request a copy of the signed and dated certificate of prosecution from the Police/CPS


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