Have the Q Court taken too long to sum­mons me?

Motorcycle News (UK) - - Garage -

‘Mag­is­trates can use dis­cre­tion and not ban you if there are com­pelling rea­sons shown’

I was caught by a mo­bile cam­era in June last year do­ing 70mph in a 50mph and re­ceived a No­tice of In­tended Pros­e­cu­tion a cou­ple of weeks later. I filled in the forms and sent pay­ment for the fine. I was then told that be­cause I al­ready have nine points on my li­cence I would have to go to court as I could be banned. I have now fi­nally re­ceived a sum­mons to at­tend court. I thought they only had six months – do I have a de­fence to this? Keith Par­rott, Sh­effield A The six-month rule would have given you a de­fence had you not re­ceived the NIP within six months of the al­leged of­fence. The six months also runs from be­ing cau­tioned road­side by a po­lice of­fi­cer. In your case, you re­ceived the NIP within a cou­ple of weeks and that stopped the clock run­ning.

Nor­mally, through the tot­ting up pro­ce­dure, when some­one has 12 or more points they lose their li­cence. How­ever, mag­is­trates do have a dis­cre­tion to al­low mo­torists to keep their li­cence de­spite tot­ting up 12 points if there are com­pelling rea­sons why this should be the case and it is hap­pen­ing more and more fre­quently.

Ex­am­ples of rea­sons mag­is­trates can de­cide to use their dis­cre­tion and not ban mo­torists vary but usu­ally re­late to un­due fi­nan­cial hard­ship were the per­son to be banned. I don’t know if you have grounds to ar­gue that, but if so I sug­gest that you seek le­gal rep­re­sen­ta­tion.

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