Have the Q Court taken too long to summons me?
‘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.