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Notice of Intended Prosecution

If you are suspected of having committed certain driving offences, the police must issue you with a Notice of Intended Prosecution within 14 days, unless you were warned verbally by a police officer at the scene of the offence that you may be subject to prosecution. The Notice will usually require you to inform the police who was driving the vehicle at the time of the suspected offence.

Failing to respond to the Notice may be considered as failing to provide driver information – a separate criminal offence in itself which can carry a fine and 6 penalty points. Strict time limits apply so you should seek immediate legal advice from a motoring lawyer.

If you are suspected of having committed a driving offence for which a Notice of Prosecution is required, and you do not receive the Notice within 14 days, or the Notice is sent to the wrong address, depending on the circumstances it may be that the prosecution is rendered invalid. The law on this area is complex, and you should always seek advice from a motoring lawyer if you intend to challenge the validity of a Notice of Intended Prosecution.

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