The police have witnessed you driving far below the required standard. I have a lot of people contacting me about this issue and sometimes have difficulty finding time to respond to each individually. How Much Compensation Can I Claim for Medical Negligence Resulting in Death? Issues such as jurisdiction, time bar and competency can be complex and can have a significant bearing on how the case proceeds. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. What Percentage Do Solicitors Take for No Win No Fee Claims? You must personally sign and date the notice. In those circumstances there is no need for a warning. Copyright Roadtrafficlaw.com Solicitors Ltd (c), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window), Section 1 of the Road Traffic (Offenders) Act 1988. Can you Make an Accident Claim While Working from Home? In the event that the Procurator Fiscal's office seek to start proceedings in the absence of a timeous NIP (Notice of Intended Prosecution) then the driver MAY have a defence in terms of, A person charged with Dangerous Driving in Scotland cannto be convicted unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. However, in these cases, there is a 'presumption of conformity' with the NIP service requirement. See our independent TrustPilot reviews. This is perfectly competent but it can also create confusion. Soon after, you will receive the paperwork requiring you to enter a plea. Firm Reference Number FRN835374. We are a lead generation company who works with SRA-regulated firms to match clients to regulated firms. Ifnot, the driver will have a legitimate defence. Just give us a call, request a call back or make an enquiry here. It is a warning that you may face prosecution for the offence. If you receive the notice after this point, the case will likely not proceed to court. However, if it was sent to the address that the DVLA has on file for you within that period, but you no longer live there, the notice will still be valid. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. I was captured by an unmanned camera going 11mph over the speed limit in an Amazon van (Amazon didn't give me any training telling me the vans speedlimit was 60mph on a dual carriageway). I received a Notice of Lack of Prosecution and Notice of The time limit for a written warning is 14 days from the date of the offence. The validity of a complaint depends upon a number of factors. Stephen Oldham